SAMBO'S RESTAURANT AND AMERICAN HOME ASSURANCE COMPANY, APPELLANTS,
v.
PATRICIA HORN, APPELLEE
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Sambo's Restaurant appealed a workers' compensation order for Patricia Horn, challenging the clarity of the temporary partial disability benefit awards. The appellate court modified the compensation order to correct apparent scrivener's errors in the disability dates and affirmed the order as corrected, preserving Horn's right to seek additional benefits.
The court modified the amended compensation order to correct the dates and specify that temporary partial disability benefits were to be paid at $64.80 per week for October 23-November 11, 1978, and at $12.48 per week for August 21-October 21, 1978, and November 27, 1978-January 24, 1979. The court struck the confusing language regarding benefits subsequent to the amended order's date as inconsistent with the record.
[1] A court may modify a compensation order to correct scrivener's or typographical errors regarding dates of disability to avoid overlapping periods of differing disability…
[2] A court may modify a compensation order to clarify the specific dates and rates for temporary partial disability benefits.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the compensation order as amended appears to contain some scrivener's or typographical errors as to the dates of disability, as otherwise there would be an overlap of periods during which claimant was found to have differing amounts of temporary partial disability”
Establishes the court's basis for modifying the order due to apparent clerical errors creating conflicting dates.
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Join FLexlaw to unlock all legal intelligencePatricia Horn was injured while working at Sambo's Restaurant. She received temporary partial disability benefits for multiple periods in 1978 and ear…
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OWEN, WILLIAM C., Jr. (Retired), Associate Judge.
Previously we reviewed the compensation order entered March 27, 1979, and remanded for clarification. Sambo's Restaurant, et al. v. Patricia Horn, 381 So. 2d 330 (Fla. 1st DCA 1980). Pursuant to our opinion and mandate, the deputy commissioner entered an amended order under date of May 29, 1980, which we now have for review.
Unfortunately, the compensation order as amended appears to contain some scrivener’s or typographical errors as to the dates of disability, as otherwise there would be an overlap of periods during which claimant was found to have differing amounts of temporary partial disability. We discern from the record, with the help of counsel, what we believe to be the correct dates and we therefore modify the amended compensation order to provide for payment of temporary partial disability benefits at the rate of $64.80 per week for the period of time from October 23, 1978, to November 11, 1978, and for payment of temporary partial disability benefits at the rate of 12.48 per week for the period from August 21, 1978, to October 21,1978, and for the period from November 27, 1978, to January 24, 1979. That part of the amendment to the compensation order requiring the carrier to pay claimant temporary partial disability benefits subsequent to the date of the amended order remains somewhat confusing since it fails to specify either the extent of the disability or the rate of benefits. Accordingly, that portion of the amendment to the order is stricken without prejudice.
As thus modified, the amended compensation order is affirmed, but without prejudice to claimant’s right, upon remand, to seek an award of benefits to which she may be entitled subsequent to January 24, 1979, as well as attorney’s fees and costs (as to which jurisdiction was reserved in the original order).
AFFIRMED as modified.
LARRY G. SMITH and McCORD, JJ., concur.
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Citator
Authorities Cited
- Sambo's Rest. & Gen. Adjustment Bureau v. Horn, 381 So. 2d 330 (Fla. 1st DCA 1980)