RAY COOLEY, APPELLANT,
v.
DUKE MCCALLISTER, JR., AND PROFESSIONAL ADMINISTRATORS, INC., APPELLEES

Fla. 1st DCA | 1985-05-09
No. AZ-229
JOANOS, THOMPSON and ZEHMER, JJ., concur.
468 So. 2d 488 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The issue of whether claimant was informed that he was released to light duty work was not raised before the deputy commissioner and, therefore, not properly raised for the first time on appeal. Troni-caría Products, Inc. v. Andrews, 461 So. 2d 998 (Fla. 1st DCA 1984). Otherwise, the deputy commissioner’s order is supported by competent, substantial evidence and is affirmed.

JOANOS, THOMPSON and ZEHMER, JJ., concur.


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  • Oakley v. E. Lake Drywall & Claims Ctr., 641 So. 2d 515 (Fla. 1st DCA 1994)
    …enefits as a statutory employee, pursuant to sections 440.02(13)(c) and 440.10(1), Florida Statutes, was not raised before the judge of compensation claims (JCC), and therefore not properly raised for the first time on appeal. Cooley v. McCallister, 468 So. 2d 488 (Fla. 1st DCA 1985). The JCC’s determination that the claimant was an independent contractor is supported by competent substantial evidence, and is affirmed. ERVIN, WOLF and KAHN, JJ., concur.…

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