FRANK PETRUCCI, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Uniweld Prods., Inc. v. Nelly Lopez and Division of Workers' Compensation, 511 So. 2d 758 (Fla. 1st DCA 1987)
  …y following the accident, pursuant to section 440.-15(2), based upon the total loss of use of her right hand because of amputation of [*761] parts of two fingers, relying upon Atlantic Plastering Company, Inc. and Risk Management Services v. O’Hara, 454 So. 2d 743 (Fla. 1st DCA 1984). He stated that the claimant “not only had amputation to two of the fingers on the hand but also had a Neuroma formation affecting the nerves of the tips of the fingers” and therefore that the claimant, “being given the benefit o…

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• Seminole Cnty. Bd. OF Cnty. Comm'rs & Gallagher-Bassett Ins. Serv. v. Chaplin, 460 So. 2d 544 (Fla. 1st DCA 1984)
  …merica, 452 So. 2d 85 (Fla. 1st DCA 1984). Before the deputy makes any such finding, however, the claimant must demonstrate (1) the total loss of use of an arm (2) because of organic damage to the nervous system. Atlantic Plastering, Inc. v. O’Hara, 454 So. 2d 743 (Fla. 1st DCA 1984). The deputy’s findings fall short of satisfying these requirements. The final order states that claimant was found to have “lost the use of his right arm” and that the existence of organic damage to the claimant’s nervous system…
• LGH Constr. Co. v. Gonzalez, 466 So. 2d 401 (Fla. 1st DCA 1985)
  …e claimant here was required to prove “the inability to perform functions required in an industrial setting considered in light of the use which ... [he] must reasonably make of ... [his arms] in his employment.” Atlantic Plastering, Inc. v. O’Hara, 454 So. 2d 743, 744 (Fla. 1st DCA 1984). The unrefuted testimony of claimant and Dr. Johns constitutes competent, substantial evidence to support the deputy’s finding that claimant’s injury “totally incapacitated” him from doing construction work for six months.…