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Banta v. Phillips Co.

District Court of Appeal of Florida, First District
Aug 12, 1993
622 So. 2d 173 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-3026.

August 12, 1993.

Appeal from the Judge of Compensation Claims, William Wieland.

Richard D. Gish of Leon M. Boyajan, II, P.A., Inverness, for appellant.

Torben S. Madson, III, of Rissman, Weisberg, Barrett Hurt, P.A., Orlando, for appellees.


The appealed order is affirmed, except insofar as the judge addressed the question of maximum medical improvement and the existence of any permanent impairment. It was not necessary for the judge to address these matters to resolve the claim, and they were not within the scope of the issues presented for adjudication. The judge thus should not have entered a ruling as to these matters. See e.g., Scott Smith Oldsmobile v. Hoffard, 415 So.2d 886 (Fla. 1st DCA 1982); Central Oil v. Campen, 390 So.2d 191 (Fla. 1st DCA 1980). The maximum medical improvement and permanent impairment determinations are therefore stricken from the appealed order, and as amended the order is affirmed.

ZEHMER, C.J., and ALLEN and WEBSTER, JJ., concur.


Summaries of

Banta v. Phillips Co.

District Court of Appeal of Florida, First District
Aug 12, 1993
622 So. 2d 173 (Fla. Dist. Ct. App. 1993)
Case details for

Banta v. Phillips Co.

Case Details

Full title:JEFFREY BANTA, APPELLANT, v. PHILLIPS COMPANY/UNIVERSAL STUDIOS AND AETNA…

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 1993

Citations

622 So. 2d 173 (Fla. Dist. Ct. App. 1993)