From Casetext: Smarter Legal Research

Publix Supermarkets, Inc. v. Harris

District Court of Appeal of Florida, First District
Apr 18, 1997
691 So. 2d 1169 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3281.

Opinion filed April 18, 1997.

An appeal from an order of the Judge of Compensation Claims. Diane B. Beck, Judge.

Mary Ann Stiles, James H. Thompson and Joseph B. Heimovics of Stiles, Taylor Metzler, P.A., Orlando, for Appellants.

Cindy R. Galen, Sarasota, for Appellee.


The employer and servicing agent appeal an order which included an award of permanent total disability (PTD) benefits. We conclude that there was no claim pending for PTD benefits, and therefore the Judge of Compensation Claims (JCC) erred in awarding such benefits. See Southeast Recycling v. Cottongim, 639 So.2d 155, 157 (Fla. 1st DCA 1994); Kaplan Industries, Inc. v. Rowlett, 565 So.2d 404 (Fla. 1st DCA 1990). We find no merit in any of the other issues raised on appeal.

Accordingly, we REVERSE IN PART, AFFIRM IN PART, and REMAND.

ERVIN, DAVIS and BENTON, JJ., CONCUR.


Summaries of

Publix Supermarkets, Inc. v. Harris

District Court of Appeal of Florida, First District
Apr 18, 1997
691 So. 2d 1169 (Fla. Dist. Ct. App. 1997)
Case details for

Publix Supermarkets, Inc. v. Harris

Case Details

Full title:PUBLIX SUPERMARKETS, INC. AND CARE ADMINISTRATIVE SERVICES, INC.…

Court:District Court of Appeal of Florida, First District

Date published: Apr 18, 1997

Citations

691 So. 2d 1169 (Fla. Dist. Ct. App. 1997)