AMERICAN FREIGHT SYSTEMS, INC. AND SELF-INSURED GUARANTY FUND, ALEXSIS RISK MANAGEMENT, APPELLANTS,
v.
MICHAEL ALBERTA, APPELLEE
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This dissenting opinion argues that injuries sustained by an insured during an assault and robbery while occupying her car do not arise out of the 'use' of the vehicle, and thus should not be covered under personal injury protection benefits.
The dissenting judge believes that coverage should not be provided because the injuries did not arise out of the 'use' of the car, criticizing the narrow interpretation of this phrase in prior case law.
The insured was assaulted and shot while occupying her insured car, and her assailants took money from the trunk. It is unclear if the assailants inte…
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WIGGINTON, Judge.
Appellants, employer/carrier, appeal the judge of compensation claims’ award of workers’ compensation benefits to appellee. We affirm in part and reverse in part.
We agree with employer/carrier that the judge of compensation claims erred in modifying the maximum medical improvement date which had been established by a prior order. That portion of the prior order was not reversed on appeal in Alberta v. American Freight Systems, 565 So. 2d 378 (Fla. 1st DCA 1990). Therefore, the remand occasioned by the opinion in Alberta did not authorize a modification of the maximum medical improvement date. We reverse the maximum medical improvement date established by the appealed order and recognize that appellee’s date of maximum medical improvement remains at March 28, 1986.
We affirm as to the remaining two points raised by employer/carrier. AFFIRMED in part and REVERSED in part.
BARFIELD and WOLF, JJ., concur.