PERDUE FARMS AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
SARAH SHEETS, APPELLEE
PER CURIAM.
Sarah Sheets concedes that her claim for permanent total disability benefits was premature; she had not yet reached maximum medical improvement or received ninety-eight weeks of temporary benefits. See City of Pensacola Firefighters v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998); Interim Personnel v. Hollis, 715 So. 2d 355 (Fla. 1st DCA 1998); Advanced Employment Concepts v. Resmondo, 718 So. 2d 215, 23 Fla. L. Weekly D1799 (Fla. 1st DCA 1998); Strickland v. Pike, 718 So. 2d 217, 23 Fla. L. Weekly D1792 (Fla. 1st DCA 1998). We therefore reverse the order awarding permanent total disability benefits without prejudice to the filing of a subsequent petition for permanent total disability benefits if the facts warrant.
REVERSED.
BOOTH, BENTON and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Matrix Emp. Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011)…80 (Fla. 1st DCA 2000); Chan's Surfside Saloon v. Provost, 764 So. 2d 700 (Fla. 1st DCA 2000); Daws Mfg. Co. v. Ostoyic, 756 So. 2d 175 (Fla. 1st DCA 2000); Office Depot, Inc. v. Sweikata, 737 So. 2d 1189 (Fla. 1st DCA 1999); Perdue Farms v. Sheets, 718 So. 2d 361 (Fla. 1st DCA 1998); Advanced Employment Concepts v. Resmondo, 718 So. 2d 215 (Fla. 1st DCA 1998); Interim Pers. v. Hollis, 715 So. 2d 355 (Fla. 1st DCA 1998). . The statutory interpretation advocated by the dissent would eliminate the "gap” by equ…
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Daws Mfg. Co., Inc. v. Ostoyic, 756 So. 2d 175 (Fla. 1st DCA 2000)…ate and weigh the testimony and other evidence introduced below). Thus, we reverse the order awarding permanent total disability benefits without prejudice to the filing of a subsequent petition. See Perdue Farms and Liberty Mut. Ins. Co. v. Sheets, 718 So. 2d 361 (Fla. 1st DCA 1998). We do not agree, however, that PTD benefits may be awarded only when Ostoyic reached MMI on her psychiatric condition. The appellee may proceed on a claim for PTD benefits based on her psychiatric condition alone, assuming such…
Authorities Cited
- City OF Pensacola Firefighters & Fla. League of Cities v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998)
- Advanced Emp. Concepts/AIG Claim Servs., Inc. v. Resmondo, 718 So. 2d 215 (Fla. 1st DCA 1998)
- Lynn Strickland/GCR Truck Tire Ctr. & Gallagher-Bassett Servs., Inc. v. Pike, 718 So. 2d 217 (Fla. 1st DCA 1998)
- Walker v. State, 718 So. 2d 217 (Fla. 4th DCA 1998)
- Blankenship v. State, 715 So. 2d 355 (Fla. 1st DCA 1998)