DUVAL-BIBB CO., D/B/A ORANGE NEWS AND MISSION INSURANCE CO., APPELLANTS,
v.
MARY PRICE, APPELLEE

Fla. 1st DCA | 1981-08-19
No. YY-57
ROBERT P. SMITH, Jr., C. J., and JOA-NOS and THOMPSON, JJ., concur.
402 So. 2d 552 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

For lack of notice that the issue would be heard and determined, the deputy’s finding that the employer fired appellee in violation of § 440.205, Fla.Stat. (1979), is vacated. For lack of substantial competent evidence, the deputy’s award of temporary total disability benefits for the period from July 23, 1980 to August 13, 1980 is vacated. Benefits from July 13,1980 to July 23,1980 have already been paid, so the deputy’s award of benefits during this period is also vacated. For lack of substantial competent evidence, the deputy’s award of penalties, attorney’s fees and costs is vacated.

REVERSED.

ROBERT P. SMITH, Jr., C. J., and JOA-NOS and THOMPSON, JJ., concur.


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  • Orange News & Mission Ins. Co. v. Price, 412 So. 2d 35 (Fla. 1st DCA 1982)
    …h included disposition of an issue raised by appellants and that was conceded by appellee in her brief to be reversible error. Appellants’ Motion is well taken. In appellee’s previous appearance before this Court, Duval-Bibb Company v. Mary Price, 402 So. 2d 552 (Fla. 1st DCA 1980), we vacated the deputy’s finding that the employer fired appellee in violation of Section 440.205, Florida Statutes (1979) because there was a lack of proper notice as to the violation. Again that issue is raised and again the de…

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