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Woolworth v. Perez

District Court of Appeal of Florida, First District
Feb 6, 1981
393 So. 2d 1157 (Fla. Dist. Ct. App. 1981)

Opinion

No. UU-336.

February 6, 1981.

Guy A. Gladson, Jr. of Gladson Sullivan, Miami, for appellants.

Scott V. Berglund of Abrams Suskin, North Miami Beach, for appellee.


The deputy commissioner erred in failing to rule on the issue of disability attributable to loss of wage earning capacity and in purporting to reserve ruling on that issue "until proof is submitted that adequate job search and attempted rehabilitation has ended in failure." Coe v. Kentucky Fried Chicken et al., 393 So.2d 1156 (Fla. 1st DCA 1981). The claim for permanent disability benefits greater than for the adjudicated anatomic disability was therefore not sustained and must now be denied nunc pro tunc the date of the deputy's order, March 10, 1980, without prejudice to a proper application based on changed circumstances. The order is not otherwise in error.

AFFIRMED in part, REVERSED in part, and REMANDED.

MILLS, C.J., and WENTWORTH, J., concur.


Summaries of

Woolworth v. Perez

District Court of Appeal of Florida, First District
Feb 6, 1981
393 So. 2d 1157 (Fla. Dist. Ct. App. 1981)
Case details for

Woolworth v. Perez

Case Details

Full title:F.W. WOOLWORTH AND TRAVELERS INSURANCE COMPANY, APPELLANTS, v. MARTHA…

Court:District Court of Appeal of Florida, First District

Date published: Feb 6, 1981

Citations

393 So. 2d 1157 (Fla. Dist. Ct. App. 1981)