PALM BEACH COUNTY SCHOOL BOARD AND WHITING NATIONAL SERVICES, INC., APPELLANTS,
v.
WARREN CUTTS, APPELLEE
PALM BEACH COUNTY SCHOOL BOARD AND WHITING NATIONAL SERVICES, INC., APPELLANTS,
WARREN CUTTS, APPELLEE
492 So. 2d 788
Florida District Court of Appeal, First District (1986)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The order appealed is affirmed in all respects except that the cause is remanded so that the deputy commissioner may act on the issue of apportionment with both carriers, Whiting National Services and GAB Business Services properly noticed and present.
AFFIRMED.
ERVIN, SHIVERS and THOMPSON, JJ., concur.
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Workers OF Fla. & AIG Claim Servs. v. Williams, 743 So. 2d 609 (Fla. 1st DCA 1999)…and Special Disability Trust Fund v. E.J. Sales & Service, 497 So. 2d 684 (Fla. 1st DCA 1986), and find them distinguishable in that they involve lump sum advances of more than $2,000. Similarly, cases such as Special Disability Trust Fund v. Myers, 492 So. 2d 788 (Fla. 1st DCA 1986), and Butler’s Dairy, Inc. v. Honeycutt, 432 So. 2d 777 (Fla. 1st DCA 1983), precluding lump sum advances in the absence of evidence showing that the employee had reached maximum medical improvement, are inapplicable in that they…
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Fla. Power Corp. v. Hamilton, 657 So. 2d 1260 (Fla. 1st DCA 1995)…compensation claims ought not accept a stipulation as to a date of maximum medical improvement, if the evidence is at variance with the stipulation and shows good cause for modification of the stipulated date. Special Disability Trust Fund v. Myers, 492 So. 2d 788, 789 (Fla. 1st DCA 1986). The record in this case contains conflicting evidence with respect to maximum medical improvement. Dr. Faris placed claimant at maximum medical improvement as of March 16, 1988. Dr. Newman’s office note (which was attached…