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Florida Power Light Co. v. Monks

District Court of Appeal of Florida, First District
Jan 5, 1982
407 So. 2d 1081 (Fla. Dist. Ct. App. 1982)

Opinion

No. AB-37.

January 5, 1982.

Appeal from the Deputy Commissioner.

George F. Taylor, Jr. of Spencer Taylor, Miami, for appellant.

Robert H. Schott of Gamba, Junod Schott, Palm City, for appellee.


In this workers' compensation action the employer/carrier urges two points on appeal which we agree should be reversed and remanded. As to Point I, we agree with the appellant that the deputy commissioner erroneously included the claimant's earnings from self-employment as an independent contractor in computing the average weekly wage. See Randell, Inc. v. Chism, 404 So.2d 175, (Fla. 1st DCA, 1981); Jay Livestock Market v. Hill, 247 So.2d 291 (Fla. 1971); Parrott v. City of Ft. Lauderdale, 190 So.2d 326 (Fla. 1966).

Point II requires reversal because the deputy's inaccurate and inconsistent findings on permanent impairment, apparently stemming from his confusing one medical opinion for another, precluded meaningful appellate review of his legal conclusions. On remand, the deputy should clarify his findings on which an award of temporary partial disability may be based.

The point on cross-appeal is unripe until the findings on permanent impairment are clarified on remand.

Reversed and remanded for proceedings consistent with this opinion.

ERVIN, BOOTH and THOMPSON, JJ., concur.


Summaries of

Florida Power Light Co. v. Monks

District Court of Appeal of Florida, First District
Jan 5, 1982
407 So. 2d 1081 (Fla. Dist. Ct. App. 1982)
Case details for

Florida Power Light Co. v. Monks

Case Details

Full title:FLORIDA POWER LIGHT CO., APPELLANT, v. FREDERICK MONKS, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 5, 1982

Citations

407 So. 2d 1081 (Fla. Dist. Ct. App. 1982)

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