FLORIDA HIGHWAY PATROL AND DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
DERRY ANN KRASZEWSKI, JOHNNY SESSA TRUCKING, INC., AND THE TRAVELERS INSURANCE COMPANY, APPELLEES
Explore caselaw by topic → Browse Temporary Disability Benefits cases and more on FLexlaw
PER CURIAM.
This cause is before us on appeal of an order awarding claimant temporary disability and medical benefits. After careful consideration of the merits, we affirm all issues with one exception. Claimant requested temporary partial disability or wage loss benefits from May 20, 1987 through the date of the hearing. Appellants correctly argue that the issue was ripe for adjudication, and the judge of compensation claims was required to rule on it. Estech General Chemicals Corporation v. Graham, 424 So. 2d 138 (Fla. 1st DCA 1982). The cause is remanded with directions that the judge enter an order addressing claimant’s entitlement to the requested benefits, based on the evidence already introduced below.
REVERSED and REMANDED with instructions.
BOOTH, THOMPSON and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
State v. Mayes, 666 So. 2d 165 (Fla. 2d DCA 1995)…vit did not aver that the officers maintained constant surveillance of the garbage to be sure no one had disturbed it between the time it was put out and the time it was searched. However, the cases do not support this reasoning. See Scott v. State, 559 So. 2d 269 (Fla. 4th DCA 1990); State v. Jacobs, 437 So. 2d 166 (Fla. 5th DCA 1983). Jacobs followed the Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) “totality of the circumstances” test which asks whether the facts indicate a “fair p…
-
Raulerson v. State, 714 So. 2d 536 (Fla. 4th DCA 1998)…ash pull leading to the discovery of narcotics, but also of “the officers’ observation of and the ‘concerned citizen’s’ report of traffic to and from the [defendant’s] home at all hours of the day and night_” Id. at 165. Similarly in Scott v. State, 559 So. 2d 269 (Fla. 4th DCA 1990) the affidavit contained not only information of a one-time trash pull leading to the discovery of narcotics, but also “information concerning activities at the [defendant’s] residence observed during surveillance by a Broward she…
-
In the Interest of E.H., 579 So. 2d 364 (Fla. 4th DCA 1991)…illegal contraband is found in a vehicle jointly occupied by two or more persons, the state has the burden to show constructive possession on the part of the accused. See Murphy v. State, 511 So. 2d 397 (Fla. 4th DCA 1987); see also Scott v. State, 559 So. 2d 269 (Fla. 4th DCA 1990). Knowledge of the presence of the contraband is an essential element of constructive possession and will not be inferred from the accused’s presence, but must be supported by proof. Murphy, supra. As this court stated in Murphy:…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Estech Gen. Chems. Corp. & Fred S. James & Co. of Fla., Inc. v. Graham, 424 So. 2d 138 (Fla. 1st DCA 1982)