McDonnell Douglas Corp. v. McDonald

District Court of Appeal of Florida

McDonnell Douglas Corp. v. McDonald

620 So. 2d 1146, 1993 Fla. App. LEXIS 7367, 1993 WL 265334

CourtDistrict Court of Appeal of Florida

DecidedJuly 13, 1993

DocketNo. 92-1834

StatusPublished

Cited by2 cases

This text of 620 So. 2d 1146 (McDonnell Douglas Corp. v. McDonald) 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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McDonnell Douglas Corp. v. McDonald, 620 So. 2d 1146, 1993 Fla. App. LEXIS 7367, 1993 WL 265334 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The Employer/Carrier (“E/C”) appeal the order of the Judge of Compensation Claims (“JCC”) awarding temporary total disability and temporary partial disability benefits, payment of medical bills, uncontested taxable costs, and attorney’s fees. Finding competent substantial evidence to support the order, we affirm. However, it is necessary to strike the decretal portion of the order awarding future temporary partial disability benefits “through the present and continuing,” and to substitute the following: “to the date of the hearing and for so long as such benefits are proper.” Rodeway Inn v. Bryant, 615 So.2d 857, 858 (Fla. 1st DCA 1993); Workman v. McDonnell Douglas Corp., 590 So.2d 1035 (Fla. 1st DCA 1991); Wiley Jackson Co. v. Webster, 522 So.2d 987 (Fla. 1st DCA 1988).

We find no merit to the E/C s argument that the JCC applied the wrong legal test to determine Claimant’s entitlement to benefits. See Turner v. G. Pierce Wood Memorial Hospital, 600 So.2d 1153 (Fla. 1st DCA 1992); Curtis v. Bordo Citrus Prods., 566 So.2d 328 (Fla. 1st DCA 1990); Spaulding v. Albertson’s, 543 So.2d 858 (Fla. 1st DCA 1989); Koulias v. Tarpon Marine Ways, 538 So.2d 130 (Fla. 1st DCA 1989); Central Concrete Co., Inc. v. Harris, 475 So.2d 1300 (Fla. 1st DCA 1985).

AFFIRMED as modified.

ZEHMER, BARFIELD and MICKLE, JJ., concur.

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PER CURIAM.

The Employer/Carrier (“E/C”) appeal the order of the Judge of Compensation Claims (“JCC”) awarding temporary total disability and temporary partial disability benefits, payment of medical bills, uncontested taxable costs, and attorney’s fees. Finding competent substantial evidence to support the order, we affirm. However, it is necessary to strike the decretal portion of the order awarding future temporary partial disability benefits “through the present and continuing,” and to substitute the following: “to the date of the hearing and for so long as such benefits are proper.” Rodeway Inn v. Bryant, 615 So.2d 857, 858 (Fla. 1st DCA 1993); Workman v. McDonnell Douglas Corp., 590 So.2d 1035 (Fla. 1st DCA 1991); Wiley Jackson Co. v. Webster, 522 So.2d 987 (Fla. 1st DCA 1988).

We find no merit to the E/C s argument that the JCC applied the wrong legal test to determine Claimant’s entitlement to benefits. See Turner v. G. Pierce Wood Memorial Hospital, 600 So.2d 1153 (Fla. 1st DCA 1992); Curtis v. Bordo Citrus Prods., 566 So.2d 328 (Fla. 1st DCA 1990); Spaulding v. Albertson’s, 543 So.2d 858 (Fla. 1st DCA 1989); Koulias v. Tarpon Marine Ways, 538 So.2d 130 (Fla. 1st DCA 1989); Central Concrete Co., Inc. v. Harris, 475 So.2d 1300 (Fla. 1st DCA 1985).

AFFIRMED as modified.

ZEHMER, BARFIELD and MICKLE, JJ., concur.

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620 So. 2d 1146, 1993 Fla. App. LEXIS 7367, 1993 WL 265334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonnell-douglas-corp-v-mcdonald-fladistctapp-1993.

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