Summary
In Acosta, this court affirmed an award of temporary disability benefits even though the deputy had inadvertently inserted an incorrect date on the order.
Summary of this case from Dept. of L E v. Am. Bldg. MainOpinion
No. ZZ-200.
August 24, 1981. Rehearing Denied September 18, 1981.
Appeal from the Deputy Commissioner.
Summers Warden, Miami, for appellants.
Jay M. Levy of Silver, Levy Hershoff, and R. Cory Schnepper of Ser, DeCardenas, Levine, Busch Allen, P.A., Miami, for appellee.
The only colorable issue raised by the employer/carrier's appeal in this workers' compensation case is whether we should reverse the deputy's award of temporary total disability benefits during the period between the date of the industrial accident, October 2, 1979, and April 15, 1980, the declared date of maximum medical improvement. The deputy is said to have erred in fixing the latter date by inadvertently inserting in his order the date of the treating physician's written medical report, rather than the date of the last medical examination to which the report related, namely, February 29, 1980. This error might readily have been corrected by application to the deputy during the 20 day period before it became final. Section 440.25(4)(a), Florida Statutes (1979). Claimant concedes the error now and we will not suppose he would have resisted its correction at that earlier, more appropriate time. We therefore treat the error as inconsequential in order to discourage substantially groundless and unnecessary appeals to this court which serve to delay payment of benefits and unjustifiably tax the limited resources of the judicial system.
AFFIRMED. Appellee's motion for attorney's fee is GRANTED in the amount of $1,500.
JOANOS and THOMPSON, JJ., concur.