ADVANCED EMPLOYMENT CONCEPTS/AIG CLAIM SERVICES, INC. v. Resmondo
Docket: 97-2284
Court: District Court of Appeal of Florida; July 29, 1998; Florida; State Appellate Court
James Resmondo's claim for permanent total disability benefits was deemed premature by the District Court of Appeal of Florida, First District. At the time of the final hearing, Resmondo had not yet reached maximum medical improvement nor had he received the requisite ninety-eight weeks of temporary benefits. The court cited the precedent set in City of Pensacola Firefighters v. Oswald, 710 So.2d 95 (Fla. 1st DCA 1998). Consequently, the court reversed the order that granted permanent total disability benefits and remanded the case with instructions for the judge of compensation claims to dismiss the petition without prejudice. This allows for the possibility of a future petition for permanent total disability benefits if circumstances change, referencing Holder v. Keller Kitchen Cabinets, 610 So.2d 1264, 1267 (Fla. 1992), which established that a ruling on a premature claim does not preclude consideration of the claim's merits later. The decision was concurred by Judges Booth, Benton, and Padovano.