Osceola County Commissioners v. Thomas

District Court of Appeal of Florida

Osceola County Commissioners v. Thomas

416 So. 2d 903, 1982 Fla. App. LEXIS 20516

CourtDistrict Court of Appeal of Florida

DecidedJuly 14, 1982

DocketNo. AI-316

StatusPublished

Cited by3 cases

This text of 416 So. 2d 903 (Osceola County Commissioners v. Thomas) 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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Osceola County Commissioners v. Thomas, 416 So. 2d 903, 1982 Fla. App. LEXIS 20516 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

This cause is before us on appeal by the employer/carrier from a workers’ compensation order awarding wage loss benefits, interest, penalties, and attorney’s fees. The award was predicated on one medical report stating that claimant had “reached MMI and has a PPI of 2% of the body as a whole” resulting from his June 27, 1980, industrial accident. We reverse, as the report was inadmissible hearsay, see Butch’s Concrete v. Henderson, 414 So.2d 652 (Fla. 1st DCA 1982), and there was no other medical testimony establishing permanent impairment and entitlement to wage loss benefits. The finding that claimant was entitled to attorney’s fees was also improper absent a specific finding of the basis for such award in the order. See Blackburn Home Improvements v. Lebel, 414 So.2d 12 (Fla. 1st DCA 1982).

REVERSED.

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.

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PER CURIAM.

This cause is before us on appeal by the employer/carrier from a workers’ compensation order awarding wage loss benefits, interest, penalties, and attorney’s fees. The award was predicated on one medical report stating that claimant had “reached MMI and has a PPI of 2% of the body as a whole” resulting from his June 27, 1980, industrial accident. We reverse, as the report was inadmissible hearsay, see Butch’s Concrete v. Henderson, 414 So.2d 652 (Fla. 1st DCA 1982), and there was no other medical testimony establishing permanent impairment and entitlement to wage loss benefits. The finding that claimant was entitled to attorney’s fees was also improper absent a specific finding of the basis for such award in the order. See Blackburn Home Improvements v. Lebel, 414 So.2d 12 (Fla. 1st DCA 1982).

REVERSED.

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.

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416 So. 2d 903, 1982 Fla. App. LEXIS 20516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osceola-county-commissioners-v-thomas-fladistctapp-1982.

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