ADVANCED EMPLOYMENT CONCEPTS/AIG CLAIM SERVICES, INC., APPELLANTS,
v.
JAMES RESMONDO, APPELLEE
Explore caselaw by topic → Browse Claim For Permanent Total Disability Benefits cases and more on FLexlaw
PER CURIAM.
James Resmondo’s claim for permanent total disability benefits was premature. He had neither reached maximum medical improvement nor received ninety-eight weeks of temporary benefits at the time of the final hearing. See City of Pensacola Firefighters v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998). We reverse the order awarding permanent total disability benefits and remand with directions that the judge of compensation claims dismiss the petition for benefits without prejudice to the filing of a subsequent petition for permanent total disability benefits if the facts warrant. See Holder v. Keller Kitchen Cabinets, 610 So. 2d 1264, 1267 (Fla.1992) (holding that an order stricken as addressing a premature claim is not res judi-cata as to the merits of the claim).
REVERSED and REMANDED.
BOOTH, BENTON and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Crain v. State, 894 So. 2d 59 (Fla. 2004)…157 So. 2d 65, 70 (Fla.1963) (stating that an appellate court must assume that a juror, if properly instructed, will comply with the obligations of the oath and render a true verdict according to the law and the evidence); see also Sutton v. State, 718 So. 2d 215, 216 & 216 n. 1 (Fla. 1st DCA 1998), and cases cited therein, (“applying the well-established presumption that juries follow trial court instructions”). Third, we note that Crain’s argument on appeal that the indictment gave him constitutionally in…
-
Grady Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d 932 (Fla. 2000)…tising or promotional practices, neutralized, minimized, or undermined the effect of the federally mandated warnings during that time. Absent a finding to the contrary, juries are presumed to follow the instructions given them. See Sutton v. State, 718 So. 2d 215, 216 (Fla. 1st DCA 1998). Even assuming that some of the information in the proposed insert was not available until after 1969, we do not find that this prejudiced Brown & Williamson, as this information was not the focus of Dr. Feingold’s testimony…
-
Zamir Garzon and Ray C. Balthazar v. State, 939 So. 2d 278 (Fla. 4th DCA 2006)…of what the jury “could” do in response to a jury instruction is not the stuff of fundamental error. The law presumes that the jury has followed all of the trial court’s instructions, in the absence of evidence to the contrary. See Sutton v. State, 718 So. 2d 215, 216 n. 1 (Fla. 1st DCA 1998). A proper approach to fundamental error considers the jury instructions as a whole, in the context of the case that was tried; a proper approach does not nitpick at the instructions to manufacture a fundamental error th…
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
- City OF Pensacola Firefighters & Fla. League of Cities v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998)
- Holder v. Keller Kitchen Cabinets, 610 So. 2d 1264 (Fla. 1992)