Narrative Opinion Summary
The court affirms the judge of compensation claims' determination that the appellee’s right knee injury is compensable and agrees with the calculation of the average weekly wage as per Florida Statutes. However, it finds that the award of temporary partial disability benefits for the period from February 5, 1997, to October 19, 2001, exceeds the statutory maximum of 104 weeks. Florida law restricts any combination of temporary total and partial disability benefits to this limit. The court reverses the order regarding the excessive temporary disability benefits and remands the case for an adjustment that adheres to the 104-week cap. The decision is affirmed in part, reversed in part, and remanded for further action.
Legal Issues Addressed
Calculation of Average Weekly Wagesubscribe to see similar legal issues
Application: The court agrees with the method used to calculate the appellee’s average weekly wage, as it aligns with the provisions set out in Florida Statutes.
Reasoning: The court affirms the judge of compensation claims' determination...and agrees with the calculation of the average weekly wage as per Florida Statutes.
Combination of Temporary Total and Partial Disability Benefitssubscribe to see similar legal issues
Application: The court highlighted that Florida law restricts the combination of temporary total and partial disability benefits to a maximum of 104 weeks, necessitating a revision of the benefits awarded.
Reasoning: Florida law restricts any combination of temporary total and partial disability benefits to this limit.
Compensability of Work-Related Injuriessubscribe to see similar legal issues
Application: The court upheld the judge of compensation claims' decision that the appellee’s right knee injury is compensable under Florida law.
Reasoning: The court affirms the judge of compensation claims' determination that the appellee’s right knee injury is compensable.
Judicial Review and Remand for Adjustmentsubscribe to see similar legal issues
Application: The court reversed the portion of the order granting excessive temporary disability benefits and remanded the case for adjustment in accordance with the statutory limit.
Reasoning: The court reverses the order regarding the excessive temporary disability benefits and remands the case for an adjustment that adheres to the 104-week cap.
Statutory Cap on Temporary Disability Benefitssubscribe to see similar legal issues
Application: The court found that the awarded temporary partial disability benefits exceeded the statutory cap of 104 weeks, mandating a reduction to comply with Florida law.
Reasoning: However, it finds that the award of temporary partial disability benefits for the period from February 5, 1997, to October 19, 2001, exceeds the statutory maximum of 104 weeks.