THE OAKS AND CIGNA PROPERTY & CASUALTY, APPELLANTS,
v.
CATHY HUDSON PAULK, APPELLEE
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WIGGINTON, Judge.
In this workers' compensation appeal the judge of compensation claims found claimant’s accident to be compensable under the “special errand” exception to the going and coming rule. We affirm. See Spartan Food Systems & Subsidiaries v. Hopkins, 525 So. 2d 987 (Fla. 1st DCA 1988); and Gulliford v. Nikko Gold Coast Cruises, 423 So. 2d 588 (Fla. 1st DCA 1982). Moreover, based on the facts of this case as found by the judge, we affirm the judge’s conclusion that the employer/carrier were estopped from asserting the statute of limitations defense. See McCort v. Southland Corporation, 543 So. 2d 232 (Fla. 1st DCA 1989) (opinion clarified); Wood v. McTyre Trucking Co., Inc., 526 So. 2d 739 (Fla. 1st DCA 1988).
However, appellants maintain and claimant agrees that the judge erred in awarding temporary total disability benefits retroactively during the period beginning January 1986 through mid-April 1986 when claimant was receiving her full wages. Accordingly, the cause is reversed and remanded on this point for further consideration of an appropriate offset of such benefits.
AFFIRMED, in part, REVERSED, in part, and REMANDED for further proceedings.
ERVIN and WENTWORTH, JJ., concur.
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Charles J. Givens Org. v. Morris, 652 So. 2d 1240 (Fla. 1st DCA 1995)…993” is, in part, erroneous. From the date of the accident, July 26, 1993, through December 15, 1993, Morris received full pay from appellant. Thus, the JCC erred in retroactively awarding TTD benefits for this period. See The Oaks v. [*1241] Paulk, 557 So. 2d 219, 220 (Fla. 1st DCA 1990).* From December 16, 1993, through December 31, 1993, Morris worked part time and appellant compensated him for his work. Accordingly, he was not entitled to TTD benefits for this period either. See Publix Supermarkets, Inc.…
Authorities Cited
- Wood v. McTYRE Trucking Co., Inc., 526 So. 2d 739 (Fla. 1st DCA 1988)
- Spartan Food Sys. & Subsidiaries & Seibels v. Hopkins, 525 So. 2d 987 (Fla. 1st DCA 1988)
- Gulliford v. Nikko Gold Coast Cruises & Zurich Ins. Co., 423 So. 2d 588 (Fla. 1st DCA 1982)
- McCORT v. Southland Corp. & Kemper Grp., 543 So. 2d 232 (Fla. 1st DCA 1988)