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Walton v. Leon County School Board

District Court of Appeal of Florida, First District
May 2, 1997
695 So. 2d 794 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2386

Opinion filed May 2, 1997.

An appeal from order of Judge of Compensation Claims John J. Lazzara.

Paul D. Srygley, Tallahassee, for Appellant.

Christopher J. Dubois and Mary E. Cruickshank, of McConnaughhay, Roland, Maida Cherr, Tallahassee, for Appellee.


The claimant challenges the final sentence of a workers' compensation order awarding him temporary partial disability benefits from August through October 1993: "IT IS FURTHER ORDERED that the claim of the employee for any further indemnity benefits through the date of this hearing based upon an injury by accident on August 5, 1991 is DENIED." Because the parties acknowledge in their briefs that the judge of compensation claims was describing only temporary benefits (answer brief at page 12 and reply brief at page 4) we are not able to determine why an appeal was taken in this case. A simple effort at phoning would have obviated the necessity for an appeal. We construe the order to mean temporary benefits when it refers to "further indemnity benefits" and affirm the order.

KAHN and DAVIS, JJ., CONCUR.


Summaries of

Walton v. Leon County School Board

District Court of Appeal of Florida, First District
May 2, 1997
695 So. 2d 794 (Fla. Dist. Ct. App. 1997)
Case details for

Walton v. Leon County School Board

Case Details

Full title:CLOVIS WALTON, APPELLANT, v. LEON COUNTY SCHOOL BOARD, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 2, 1997

Citations

695 So. 2d 794 (Fla. Dist. Ct. App. 1997)