E G & G of Florida v. Winstead

573 So. 2d 1013, 1991 Fla. App. LEXIS 742, 1991 WL 10400

Opinion

PER CURIAM.

In the workers’ compensation order appealed herein, the judge of compensation claims found,

While it was evident that the Claimant suffered from disabling physical and/or mental problems[,] I find that it would be premature at this time to come to any conclusion concerning whether the Claimant is permanently and totally disabled. I find that a current medical evaluation with appropriate studies and functional capacities assessment would be usefule [sic]. Further, I find that efforts should be continued towards the Claimant’s rehabilitation as is currently being provided by Ellen Fernandez.

In the decretal portion of the order, the judge ordered as follows:

Jurisdiction is reserved to take further evidence at a hearing to be scheduled upon request or [sic] either the Employer/Carrier or the Claimant concerning the issue of permanent total disability.

We construe this language as a denial of the claim for permanent total disability benefits. Aquarius Condominium Ass’n v. Ramirez, 509 So.2d 1204 (Fla. 1st DCA 1987).

Finding no merit m the points raised by the appellants, the order appealed is affirmed.

WENTWORTH, JOANOS and ALLEN, JJ., concur.