Summary
holding that a JCC improperly determines compensability of a condition when the issue is not before the JCC
Summary of this case from Salinas v. C.A.T. Concrete, LLCOpinion
No. 1D03-3112.
November 23, 2004.
An appeal from an order of the Judge of Compensation Claims. Honorable John J. Lazzara, Judge.
Patrick John McGinley, Esquire, Winter Park; Bill McCabe, Esquire, Longwood, for Appellant.
Mary L. Wakeman, Esquire, McConnaughhay, Duffy, Coonrod, Pope Weaver, P.A., Tallahassee, for Appellee.
Claimant John Reynolds appeals the order of the Judge of Compensation Claims (JCC), arguing that the JCC erred in determining the compensability of claimant's back condition and that there was no competent substantial evidence to support the JCC's determination that the Claimant was not entitled to temporary partial disability benefits and attorney's fees. We agree, and the employer/carrier concede, that the JCC improperly determined the compensability of claimant's back condition because the issue was not before the JCC. See S.E. Recycling v. Cottongim, 639 So.2d 155, 157 (Fla. 1st DCA 1994). We, therefore, reverse the JCC's order as to this finding. We affirm the JCC's order in all other respects without further comment.
AFFIRMED in part; REVERSED in part.
KAHN, WEBSTER and POLSTON, JJ., concur.