U.S. FOUNDRY & MANUFACTURING, INC., A/K/A U.S. HOLDINGS, INC., AND EMI/MCCREARY CORPORATION, APPELLANTS,
v.
VAUGHN CARNER, APPELLEE

Fla. 1st DCA | 2007-02-26
No. 1D06-0631
BARFIELD, PADOVANO, and POLSTON, JJ., concur.
951 So. 2d 927 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants, employer and carrier, appeal an order of the Judge of Compensation Claims awarding benefits for a September 2000 date of injury. Appellants raise several issues on appeal, only one of which merits discussion. The appellants correctly argue that the Judge of Compensation Claims did not explicitly make a finding regarding whether the hearing loss is the major contributing cause of of appellee’s disability. Accordingly, the matter is remanded for a determination of major contributing cause. The remaining issues raised on appeal are without merit.

On cross-appeal, the claimant argues the Judge of Compensation Claims erred in failing to award penalties on the temporary benefits awarded. On remand, the Judge of Compensation Claims is directed to clarify that any appropriate penalties are to be included in the award.

AFFIRMED in part, REVERSED in part, and REMANDED.

BARFIELD, PADOVANO, and POLSTON, JJ., concur.


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  • U.S. Foundry & Mfg., Inc. v. Vaughn Carner, 959 So. 2d 378 (Fla. 3d DCA 2007)
    …ghn Carner. We reverse. Carner filed a worker’s compensation action against U.S. Foundry and was awarded permanent and temporary disability benefits. U.S. Foundry appealed to the First District Court of Appeal. U.S. Foundry & Mfg., Inc. v. Carner, 951 So. 2d 927 (Fla. 1st DCA 2007). During the pen-dency of the appeal, Carner petitioned the circuit court for a rule nisi to enforce the temporary benefits. § 440.24(1), Fla. Stat. (2006). Carner argued that the temporary benefits issue had been abandoned on app…

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