DAVID WREN, APPELLANT,
v.
DMS, INC. AND AUTO OWNERS INSURANCE COMPANY, APPELLEES
DAVID WREN, APPELLANT,
DMS, INC. AND AUTO OWNERS INSURANCE COMPANY, APPELLEES
821 So. 2d 458
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The claimant appeals a workers’ compensation order which we affirm except as to the finding relating to a psychiatric injury. The record indicates that the parties resolved this question of compensability at the commencement of the hearing, and that the psychiatric claim was no longer at issue. The judge thus should not have addressed this issue on the merits in the appealed order. See Myrick v. Gillard Grove Service, 577 So. 2d 655 (Fla. 1st DCA 1991). The finding pertaining to the question of a psychiatric injury is therefore stricken from the order, and as amended the order is affirmed.
ALLEN, C.J., ERVIN and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Estes v. Palm Beach Cnty. Sch. Dist. (Fla. 1st DCA 2026)…ent positions based on strategic advantage. See Sullivan υ. NUC02, LLC/Broadspire, 308 So. 3d 659, 664 (Fla. 1st DCA 2020) (stating that parties are bound by stipulations even if later evidence would support a different position); Wren v. DMS, Inc., 821 So. 2d 458, 458–59 (Fla. 1st DCA 2002) (holding the JCC erred when it addressed the issue of compensability when the parties had already resolved the question). This principle is bolstered by the doctrine of election of remedies, which concerns the choice bet…
Authorities Cited
- McArthur Myrick v. Gillard Grove Serv. & Feisco, 577 So. 2d 655 (Fla. 1st DCA 1991)