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Yachts v. Warren

District Court of Appeal of Florida, First District
Dec 27, 2006
946 So. 2d 76 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-2594.

December 27, 2006.

Appeal from The Judge of Compensation Claims, Lauren L. Hafner.

Ivan Matusek and Raymond O. Burger of Matusek, McKnight, Poluse Cangro, P.A., St. Petersburg, for Appellants.

Bill McCabe of Shepherd, McCabe Cooley, Longwood and Tony A. Turner, St. Petersburg, for Appellee.


The employer/carrier appeal a worker's compensation order which resolved certain issues and stated that a claim for temporary partial disability benefits was granted. However, the order further indicated that it was not shown whether the claimant had received and returned any Employee Earnings Reports. Noting that without those forms the parties might be unable to determine the amount of benefits due, the order cited Jack Feagin Electric, Inc. v. Hallmark, 894 So.2d 1083 (Fla. 1st DCA 2005), and specified that the benefits "are not payable until the forms are completed by the claimant and returned to the carrier."

The claimant's entitlement to temporary partial disability benefits was disputed at the hearing, and the appealed order did not resolve all outstanding issues in connection with that claim. Instead, it left the amount of such benefits unresolved and potentially subject to further dispute and another hearing after submission of the referenced forms. The order is thus interlocutory and not presently appealable. Crown Hotel v. Friedman, 420 So.2d 418 (Fla. 1st DCA 1982); General Electric Co. v. Hawkins, 413 So.2d 836 (Fla. 1st DCA 1982).

This appeal is therefore dismissed.

ALLEN, LEWIS, and HAWKES, JJ., concur.


Summaries of

Yachts v. Warren

District Court of Appeal of Florida, First District
Dec 27, 2006
946 So. 2d 76 (Fla. Dist. Ct. App. 2006)
Case details for

Yachts v. Warren

Case Details

Full title:CATALINA YACHTS and Bridgefield Employers Insurance Company, Appellants…

Court:District Court of Appeal of Florida, First District

Date published: Dec 27, 2006

Citations

946 So. 2d 76 (Fla. Dist. Ct. App. 2006)

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