Narrative Opinion Summary
Appellant appeals the deputy commissioner's denial of her petition for modification and request for temporary partial and wage-loss benefits. The employer/carrier did not dispute that the appellant withdrew her original claim for wage-loss benefits after October 27, 1986, due to the issue not being ripe for adjudication. Consequently, the denial of wage-loss benefits after that date constitutes an error. The previous ruling is compared to Old Cove Condo v. Curry, 511 So.2d 666 (Fla. 1st DCA 1987). As a result, the portion of the order denying wage-loss benefits from October 27, 1986, onward is stricken. The order is affirmed in all other respects, with Judges Mills and Shivers concurring.
Legal Issues Addressed
Affirmation of Ruling with Partial Modificationsubscribe to see similar legal issues
Application: The court affirmed the order in all respects except for the denial of wage-loss benefits from October 27, 1986, which was stricken.
Reasoning: The order is affirmed in all other respects, with Judges Mills and Shivers concurring.
Error in Denial of Wage-Loss Benefitssubscribe to see similar legal issues
Application: The court found that the denial of wage-loss benefits after October 27, 1986, was made in error and ordered this portion of the decision to be stricken.
Reasoning: Consequently, the denial of wage-loss benefits after that date constitutes an error. The portion of the order denying wage-loss benefits from October 27, 1986, onward is stricken.
Modification of Petition and Temporary Partial Benefitssubscribe to see similar legal issues
Application: The appellant's request for modification and temporary partial benefits was denied by the deputy commissioner, which she subsequently appealed.
Reasoning: Appellant appeals the deputy commissioner's denial of her petition for modification and request for temporary partial and wage-loss benefits.
Precedent Comparison in Judicial Rulingssubscribe to see similar legal issues
Application: The previous ruling was compared to a similar case, Old Cove Condo v. Curry, to support the decision to strike the denial of wage-loss benefits.
Reasoning: The previous ruling is compared to Old Cove Condo v. Curry, 511 So.2d 666 (Fla. 1st DCA 1987).
Ripeness of Claims for Adjudicationsubscribe to see similar legal issues
Application: The appellant's original claim for wage-loss benefits was withdrawn because the issue was not ripe for adjudication, leading to an error in denying such benefits after the specified date.
Reasoning: The employer/carrier did not dispute that the appellant withdrew her original claim for wage-loss benefits after October 27, 1986, due to the issue not being ripe for adjudication.