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Purity Condiments, Inc. v. Burcks

Citations: 458 So. 2d 403; 9 Fla. L. Weekly 2312; 1984 Fla. App. LEXIS 16517Docket: No. AX-457

Court: District Court of Appeal of Florida; November 5, 1984; Florida; State Appellate Court

Narrative Opinion Summary

Claimant reached maximum medical improvement (MMI) on February 16, 1981, as confirmed by uncontroverted medical testimony. The deputy commissioner's order is modified to reflect this date as the MMI. The previous award of temporary partial disability benefits from February 16, 1981, to June 14, 1982, is vacated. The claimant is permitted to file for wage loss benefits starting from February 16, 1981, for any subsequent periods of wage loss. The modified order is affirmed, with Judges Booth, Smith, and Thompson concurring.

Legal Issues Addressed

Affirmation of Modified Judicial Order

Application: The modified order reflecting the MMI date and vacating the temporary benefits was affirmed by the court with concurrence from all judges.

Reasoning: The modified order is affirmed, with Judges Booth, Smith, and Thompson concurring.

Determination of Maximum Medical Improvement (MMI)

Application: The court modified the deputy commissioner's order to establish the date of MMI as February 16, 1981, based on uncontroverted medical testimony.

Reasoning: Claimant reached maximum medical improvement (MMI) on February 16, 1981, as confirmed by uncontroverted medical testimony.

Entitlement to Wage Loss Benefits

Application: The court permits the claimant to apply for wage loss benefits starting from the MMI date for any subsequent periods of wage loss.

Reasoning: The claimant is permitted to file for wage loss benefits starting from February 16, 1981, for any subsequent periods of wage loss.

Modification of Temporary Partial Disability Benefits

Application: The award of temporary partial disability benefits for the period following the MMI date until June 14, 1982, was vacated by the court.

Reasoning: The previous award of temporary partial disability benefits from February 16, 1981, to June 14, 1982, is vacated.