Karns v. Chateau Motel, Inc.

526 So. 2d 181, 13 Fla. L. Weekly 1333, 1988 Fla. App. LEXIS 2267, 1988 WL 55786

Opinion

WIGGINTON, Judge.

Appellant appeals the deputy commissioner’s denial of her petition for modification and of her request for temporary partial and wage-loss benefits. The record shows, and appellees, employer/carrier, do not dispute, that at the hearing appellant withdrew her original claim for wage-loss benefits after October 27, 1986, on the ground that that issue was not ripe for adjudication. Since the request for wage-loss benefits after that date was no longer at issue, denial of wage-loss benefits after that time was error. Compare Old Cove Condo v. Curry, 511 So.2d 666 (Fla. 1st DCA 1987). Thus, that portion of the order denying wage-loss benefits from October 27, 1986, and continuing is hereby stricken. In all other respects, the order on appeal is affirmed.

MILLS and SHIVERS, JJ., concur.