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Noel v. Ecker Company

District Court of Appeal of Florida, First District
Dec 1, 1982
422 So. 2d 1062 (Fla. Dist. Ct. App. 1982)

Opinion

No. YY-124.

December 1, 1982.

Appeal from the Deputy Commissioner.

Richard W. Driscoll of Kahn Gustafson, Fort Lauderdale, for appellant.

Steven Kronenberg of Adams, Kelley Kronenberg, Miami, for appellee.


The facts are not in dispute in this workers' compensation appeal. Noel, while working with a noisy piece of machinery on 12 February 1980, sustained a hearing loss which the deputy commissioner found to be a 32% loss in each ear. Noel did not prove or even claim that any wage loss resulted from this injury. The deputy commissioner ruled that Noel's claim for permanent partial disability benefits was not compensable under Section 440.15(3), Florida Statutes (1979). We affirm.

Noel first contends that because his claim would have been compensable under Section 440.15(3)(m), Florida Statutes (1977), the denial of benefits under the 1979 amendments to the Workers' Compensation Act deprives him of his rights of due process and equal protection. We disagree. Acton v. Ft. Lauderdale Hospital, 418 So.2d 1099 (Fla. 1st DCA 1982). Nor does the 1979 Act deny Noel access to the courts under Article I, Section 21 of the Florida Constitution. Acton, id.

Noel also contends that he is entitled to seek a common law tort remedy against his employer. This argument is likewise without merit. Section 440.11, Florida Statutes (1979).

AFFIRMED.

ROBERT P. SMITH, Jr., C.J., and McCORD, J., concur.


Summaries of

Noel v. Ecker Company

District Court of Appeal of Florida, First District
Dec 1, 1982
422 So. 2d 1062 (Fla. Dist. Ct. App. 1982)
Case details for

Noel v. Ecker Company

Case Details

Full title:PETER NOEL, APPELLANT, v. M. ECKER COMPANY, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 1, 1982

Citations

422 So. 2d 1062 (Fla. Dist. Ct. App. 1982)

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