Winn Dixie Stores, Inc. v. Linthicum

District Court of Appeal of Florida

Winn Dixie Stores, Inc. v. Linthicum

376 So. 2d 909, 1979 Fla. App. LEXIS 16088

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1979

DocketNo. QQ-18

StatusPublished

Cited by2 cases

This text of 376 So. 2d 909 (Winn Dixie Stores, Inc. v. Linthicum) 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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Winn Dixie Stores, Inc. v. Linthicum, 376 So. 2d 909, 1979 Fla. App. LEXIS 16088 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the award of permanent partial disability. Since the Judge found that the claimant has sustained no diminution of wage-earning capacity, the award must be based on the claimant’s actual physical impairment. § 440.15(3)(u), Fla. Stat. However, the claimant testified that, although he still has a lump in his side, the injury is causing no physical problems, and the medical testimony indicates that the claimant has sustained no residual disability. The award of permanent disability is not supported by any competent substantial evidence within the meaning of U. S. Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla.1951).

Accordingly, the order is affirmed in part and reversed in part.

LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.

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PER CURIAM.

The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the award of permanent partial disability. Since the Judge found that the claimant has sustained no diminution of wage-earning capacity, the award must be based on the claimant’s actual physical impairment. § 440.15(3)(u), Fla. Stat. However, the claimant testified that, although he still has a lump in his side, the injury is causing no physical problems, and the medical testimony indicates that the claimant has sustained no residual disability. The award of permanent disability is not supported by any competent substantial evidence within the meaning of U. S. Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla.1951).

Accordingly, the order is affirmed in part and reversed in part.

LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.

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376 So. 2d 909, 1979 Fla. App. LEXIS 16088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-dixie-stores-inc-v-linthicum-fladistctapp-1979.

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