Gem Cabinet Co. v. Frezin

District Court of Appeal of Florida

Gem Cabinet Co. v. Frezin

394 So. 2d 240, 1981 Fla. App. LEXIS 19532

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1981

DocketNo. XX-21

StatusPublished

This text of 394 So. 2d 240 (Gem Cabinet Co. v. Frezin) 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.

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Gem Cabinet Co. v. Frezin, 394 So. 2d 240, 1981 Fla. App. LEXIS 19532 (Fla. Ct. App. 1981).

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Opinion

SHIVERS, Judge.

Employer/carrier appeal a workers’ compensation order awarding the claimant 20% permanent partial disability benefits but reserving jurisdiction to determine whether the claimant’s loss of wage-earning capacity exceeds his 20% permanent physical impairment of the body as a whole. We reverse.

The deputy commissioner had no authority to reserve jurisdiction to determine whether claimant’s loss of wage-earning capacity exceeded his 20% permanent physical impairment. Coe v. Kentucky Fried Chicken, 393 So.2d 1156 (Fla. 1st DCA 1981).

Therefore, the appealed order is reversed, but only to the extent that jurisdiction was retained to determine the issue of loss of wage-earning capacity. The deputy commissioner is instructed to determine, on the existing record, whether the claimant’s loss of wage-earning capacity exceeds his 20% permanent physical impairment. All other portions of the order are affirmed.

Affirmed in part and reversed in part.

SHAW and THOMPSON, JJ., concur.

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