NORMAN H. BRAHS, APPELLANT,
v.
RAVINE MACHINE COMPANY, INC., AND UNDERWRITERS ADJUSTING COMPANY, APPELLEES

Fla. 1st DCA | 1981-02-06
No. UU-440
ERVIN, BOOTH and JOANOS, JJ., concur.
393 So. 2d 613 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We direct that the following paragraph be stricken from the deputy commissioner’s compensation order:

(b) All other claims for benefits not specifically enumerated to be paid in the foregoing paragraphs is [sic] hereby denied.

The order is otherwise affirmed,

ERVIN, BOOTH and JOANOS, JJ., concur.


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  • Betancourt v. Sears Roebuck & Co. & Kemper Ins. Co., 693 So. 2d 680 (Fla. 1st DCA 1997)
    …line of cases which holds that the absence of a ruling constitutes a waiver of the issue or a sub silentio denial, depending upon whether the claimant presented evidence in support of the claim at trial. For example, in Green Thumb Corp. v. Britten, 393 So. 2d 613 (Fla. 1st DCA 1981), the claimant made a claim for reimbursement of travel expenses associated with medical treatment, but presented no evidence on the claim at the hearing, and the JCC made no ruling thereon in the order. Thereafter, claimant renew…
  • Hunt v. Int'l Minerals & Chem. Corp., 410 So. 2d 640 (Fla. 1st DCA 1982)
    …benefits may be treated as they mature, while determination of immature claims is necessarily postponed until they are ripe. This procedure neither requires nor permits piecemeal litigation of claims after maturity. In Green Thumb Corp. v. Britten, 393 So. 2d 613 (Fla. 1st DCA 1981), we held that an order, which did not grant a claim for medical mileage then due, should be regarded as dispositive of that claim when no evidence was presented on the issue. In that case no reference was made to any claim of wai…
  • …accident. The E/C’s argument would be more well taken had it presented evidence that a claim for the knee was mature at the time of the earlier proceeding, but that Gonzalez had failed to present evidence thereon. See Green Thumb Corp. v. Britten, 393 So. 2d 613 (Fla. 1st DCA 1981). However, the E/C presented no such evidence. In fact, the record shows that the knee condition did not concern the treating physician sufficiently to request an evaluation until 1980, two years after the earlier order, which eva…

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