Clay Hyder Truck Lines v. Harris

District Court of Appeal of Florida

Clay Hyder Truck Lines v. Harris

640 So. 2d 1242, 1994 Fla. App. LEXIS 7985, 1994 WL 419590

CourtDistrict Court of Appeal of Florida

DecidedAugust 12, 1994

DocketNo. 93-2300

StatusPublished

This text of 640 So. 2d 1242 (Clay Hyder Truck Lines v. Harris) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clay Hyder Truck Lines v. Harris, 640 So. 2d 1242, 1994 Fla. App. LEXIS 7985, 1994 WL 419590 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

Clay Hyder Truck Lines appeals an order which purports to grant a petition for modification and which awards wage loss benefits. [1243]*1243We affirm in part and modify the order on appeal.

The claimant was injured in 1985. In 1988, the judge of compensation claims (JCC) issued an order finding the claimant was permanently and totally disabled (PTD). That order was reversed on appeal. Commercial Carrier Corp. v. Harris, 553 So.2d 1328 (Fla. 1st DCA 1989). In the present case, the claimant filed a petition for modification seeking a determination that he is now permanently and totally disabled. In the alternative, the claimant sought an award of wage loss benefits. Although the JCC found that there had been a change of condition and granted the petition for modification, he withheld an award of PTD benefits which was the only modification requested. Because the JCC correctly determined that the claimant was not PTD, the petition for modification should have been denied.

We strike that portion of the order granting the petition for modification. In all other respects, the order on appeal is affirmed.

BARFIELD, MINER and MICKLE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Clay Hyder Truck Lines appeals an order which purports to grant a petition for modification and which awards wage loss benefits. [1243]*1243We affirm in part and modify the order on appeal.

The claimant was injured in 1985. In 1988, the judge of compensation claims (JCC) issued an order finding the claimant was permanently and totally disabled (PTD). That order was reversed on appeal. Commercial Carrier Corp. v. Harris, 553 So.2d 1328 (Fla. 1st DCA 1989). In the present case, the claimant filed a petition for modification seeking a determination that he is now permanently and totally disabled. In the alternative, the claimant sought an award of wage loss benefits. Although the JCC found that there had been a change of condition and granted the petition for modification, he withheld an award of PTD benefits which was the only modification requested. Because the JCC correctly determined that the claimant was not PTD, the petition for modification should have been denied.

We strike that portion of the order granting the petition for modification. In all other respects, the order on appeal is affirmed.

BARFIELD, MINER and MICKLE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

640 So. 2d 1242, 1994 Fla. App. LEXIS 7985, 1994 WL 419590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-hyder-truck-lines-v-harris-fladistctapp-1994.

Opinion

Related

Cite This Page — Counsel Stack