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Gem Cabinet Company v. Frezin

District Court of Appeal of Florida, First District
Feb 27, 1981
394 So. 2d 240 (Fla. Dist. Ct. App. 1981)

Opinion

No. XX-21.

February 27, 1981.

Donald F. Harrington, Miami, for appellants.

Richard A. Sadow, of Sadow Lynne, North Miami, for appellees.


Employer/carrier appeal a workers' compensation order awarding the claimant 20% permanent partial disability benefits but reserving jurisdiction to determine whether the claimant's loss of wage-earning capacity exceeds his 20% permanent physical impairment of the body as a whole. We reverse.

The deputy commissioner had no authority to reserve jurisdiction to determine whether claimant's loss of wage-earning capacity exceeded his 20% permanent physical impairment. Coe v. Kentucky Fried Chicken, 393 So.2d 1156 (Fla. 1st DCA 1981).

Therefore, the appealed order is reversed, but only to the extent that jurisdiction was retained to determine the issue of loss of wage-earning capacity. The deputy commissioner is instructed to determine, on the existing record, whether the claimant's loss of wage-earning capacity exceeds his 20% permanent physical impairment. All other portions of the order are affirmed.

Affirmed in part and reversed in part.

SHAW and THOMPSON, JJ., concur.


Summaries of

Gem Cabinet Company v. Frezin

District Court of Appeal of Florida, First District
Feb 27, 1981
394 So. 2d 240 (Fla. Dist. Ct. App. 1981)
Case details for

Gem Cabinet Company v. Frezin

Case Details

Full title:GEM CABINET COMPANY AND AMERICAN MUTUAL INSURANCE COMPANIES, APPELLANTS…

Court:District Court of Appeal of Florida, First District

Date published: Feb 27, 1981

Citations

394 So. 2d 240 (Fla. Dist. Ct. App. 1981)