Narrative Opinion Summary
The court affirms the appeal and cross-appeal based on the Judge of Compensation Claims' (JCC) factual findings, which are backed by competent and substantial evidence. Both parties concur that the maximum compensation rate for 1998 was $494.00 per week. Consequently, the court reverses the JCC’s finding of a compensation rate of $512.82 and remands the case for recalculation of benefits. The decision is affirmed in part, reversed in part, and remanded with instructions. Judges Miner, Padovano, and Browning concur.
Legal Issues Addressed
Maximum Compensation Ratesubscribe to see similar legal issues
Application: The court acknowledges the agreement between parties on the maximum compensation rate for 1998, leading to a reversal of the JCC’s incorrect rate determination.
Reasoning: Both parties concur that the maximum compensation rate for 1998 was $494.00 per week. Consequently, the court reverses the JCC’s finding of a compensation rate of $512.82 and remands the case for recalculation of benefits.
Partial Affirmance and Reversalsubscribe to see similar legal issues
Application: The court's decision is to affirm in part and reverse in part, necessitating further proceedings to address specific issues identified.
Reasoning: The decision is affirmed in part, reversed in part, and remanded with instructions.
Standard of Review for Factual Findingssubscribe to see similar legal issues
Application: The court affirms the factual findings of the Judge of Compensation Claims, indicating the findings are supported by competent and substantial evidence.
Reasoning: The court affirms the appeal and cross-appeal based on the Judge of Compensation Claims' (JCC) factual findings, which are backed by competent and substantial evidence.