ALBERTO NUNEZ, APPELLANT,
v.
HOLIDAY INN & INTERNATIONAL INSURANCE CO., D/B/A THE LONDON AGENCY, APPELLEES
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Florida appellate court affirmed a workers' compensation order but reversed the deduction calculation under § 440.15(5)(c), holding that only permanent disability compensation from a prior settlement is deductible, not temporary disability or medical benefits, and remanding to determine whether a reversed prior award was actually received.
Section 440.15(5)(c) authorizes deduction only for compensation received for previous permanent disability, not for temporary disability or medical benefits from a settlement agreement.
[1] Section 440.15(5)(c) deduction for prior workers' compensation is limited to amounts received for permanent disability and does not include temporary disability benefits…
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Join FLexlaw to unlock all legal intelligenceClaimant Nunez appealed a workers' compensation order that deducted the full amount of a settlement agreement for a prior injury and a previous compen…
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PER CURIAM.
Claimant appeals a workers’ compensation order which we affirm except as to the amount of the § 440.15(5)(c), Fla. Stat. (1974), deduction. In applying this provision, the order deducts the full amount of a settlement agreement relating to a prior injury. However, the settlement agreement expressly provides compensation for both permanent and temporary disability, as well as medical benefits, while § 440.15(5)(c) authorizes a deduction only as to compensation received for a previous permanent disability. Amounts received for temporary disability and medical benefits pursuant to the settlement agreement are not subject to deduction under § 440.-15(5)(c).
The order in the present case also deducts the amount of a previous compensation award which was reversed by the Industrial Relations Commission in Nunez v. Royal Kitchen Cabinets, Inc., 7 FCR 284 (1972), cert. dismissed, 276 So. 2d 54 (Fla.1973). But neither the briefs of the parties, nor our independent examination of the record, has revealed any evidence that such compensation was ever received by the claimant. We therefore direct that this issue be reconsidered upon remand, with the parties afforded the opportunity to present further evidence if desired.
Accordingly, the order appealed is affirmed in part and reversed in part, and the cause remanded for further proceedings.
SHAW and WENTWORTH, JJ., concur. BOOTH, J., dissents.
BOOTH, Judge,
dissenting.
I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So. 2d 1265 (Fla. 1st DCA 1979).
On the merits, I would concur in the majority’s opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parks v. Dade Cnty. Waste Div. & Metro. Dade Cnty. Self-Insurance Fund, 402 So. 2d 563 (Fla. 1st DCA 1981)…t the employer’s contention that the entire amount constituted permanent disability payments. Amounts received for temporary disability pursuant to a settlement agreement are not subject to deduction under Section 440.15(5)(c). Nunez v. Holiday Inn, 380 So. 2d 472 (Fla. 1st DCA 1980). Accordingly, because ap-pellee failed to prove its entitlement to a deduction under the applicable statute, we reverse that portion bf the Deputy Commissioner’s order awarding the employer/carrier a $4,000 credit. BOOTH, SHAW…
Authorities Cited
- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)
- Royal Kitchen Cabinets, Inc. v. Nunez, 276 So. 2d 54 (Fla. 1973)
- Ryan v. State, 276 So. 2d 54 (Fla. 1973)