GENUINE PARTS COMPANY AND SENTRY INDEMNITY COMPANY, APPELLANTS,
v.
ROGER MORRIS AND DIVISION OF WORKERS' COMPENSATION, APPELLEES

Fla. 1st DCA | 1982-01-28
No. AB-479
LARRY G. SMITH and WIGGINTON, JJ., concur.
409 So. 2d 156 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 16 cases


Opinion of the Court
ROBERT P. SMITH, Jr., Chief Judge.

ROBERT P. SMITH, Jr., Chief Judge.

The deputy’s order is regrettably vague in finding the date or dates of maximum medical improvement, in fixing the onset of permanent disability benefits, and in explicating those findings in terms of the record evidence. Nevertheless there is a reasonable basis in the record for the deputy’s apparent determination that claimant reached MMI on December 5,1980, and that permanent disability benefits were payable from that date. Since the deficiencies in the order might have been alleviated by counsels’ prompt application to the deputy, had counsel shared our uncertainty, and there is no other error in the order, we will not sacrifice the benefits due nor prolong these proceedings by reversal or remand, but rather we amend the order to find MMI on December 5,1980, and to provide permanent disability benefits from that date. As amended the order is AFFIRMED.

LARRY G. SMITH and WIGGINTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Sunland Hospital/State OF Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982)
    …ompensation appeals, is that we will not reverse for a readily correctable technical error that the deputy was not asked to correct within the time available for correction. Section 440.25(4)(a), Florida Statutes (1981); Genuine Parts Co. v. Morris, 409 So. 2d 156 (Fla. 1st DCA 1982); Acosta Roofing Co. v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981). The purpose of workers’ compensation being to compensate the worker justly and in time for his disability due to industrial risks, this Court recently excised…
  • Allman v. Meredith Corp. & Md. Cas. Co., 451 So. 2d 957 (Fla. 1st DCA 1984)
    …ompensation appeals, is that we will not reverse for a readily correctable technical error that the deputy was not asked to correct within the time available for correction. Section 440.25(4)(a), Florida Statutes (1981); Genuine Parts Co. v. Morris, 409 So. 2d 156 (Fla. 1st DCA 1982); Acosta Roofing Co. v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981). In Acosta Roofing Co. v. Gillyard, 402 So. 2d 1321, 1322 (Fla. 1st DCA 1981), pet. for rev. den., 412 So. 2d 463 (Fla.1982), this court also said: This error…
  • Mezquita v. Fla. Steel Corp. & Hartford Ins. Co., 419 So. 2d 675 (Fla. 1st DCA 1982)
    …ission was never raised before the deputy within the time available for correction, we affirm. Section 440.25(4)(a), Florida Statutes; Sunland Hospital/State of Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982); Genuine Parts Company v. Morris, 409 So. 2d 156 (Fla. 1st DCA 1982); Acosta Roofing Company v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981). AFFIRMED. ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur. . The employer/carrier chose not to file a cross-appeal as pertains to the…

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