Opinion
Case No. 96-3130
Opinion filed April 23, 1997.
An appeal from an order of the Judge of Compensation Claims. Michael J. DeMarko, Judge.
Bernard J. Zimmerman and Kevin G. Malchow of Zimmerman, Shuffield, Kiser Sutcliffe, Orlando, for appellants.
T. Rhett Smith of Kinsey, Troxel, Johnson Walborsky, Pensacola, for appellee.
The employer/carrier appeal an order which determined the claimant was entitled to permanent total disability benefits on the basis of Waffle House v. Hutchinson, 673 So.2d 883 (Fla. 1st DCA 1996). Appellee has filed a confession of error, noting that this court receded from Waffle House in North River Insurance Co. v. Wuelling, 683 So.2d 1090 (Fla. 1st DCA 1996).
Upon consideration of the above, the order of the Judge of Compensation Claims is reversed and the cause is remanded for further proceedings.
BARFIELD, C.J.; KAHN and DAVIS, JJ., CONCUR.