Commercial Carrier Corp. v. Madsen
| Decision Date | 23 April 1997 |
| Docket Number | No. 96-3130,96-3130 |
| Citation | 695 So.2d 770 |
| Parties | 22 Fla. L. Weekly D1054 COMMERCIAL CARRIER CORP. and Comcar Industries, Inc., Appellants, v. Merdin MADSEN, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from an order of the Judge of Compensation Claims; Michael J. DeMarko, Judge.
Bernard J. Zimmerman and Kevin G. Malchow of Zimmerman, Shuffield, Kiser & Sutcliffe, Orlando, for appellants.
T. Rhett Smith of Kinsey, Troxel, Johnson & Walborsky, Pensacola, for appellee.
The employer/carrier appeal an order which determined the claimant was entitled to permanent total disability benefits on the basis of Waffle House v. Hutchinson, 673 So.2d 883 (Fla. 1st DCA 1996). Appellee has filed a confession of error, noting that this court receded from Waffle House in North River Insurance Co. v. Wuelling, 683 So.2d 1090 (Fla. 1st DCA 1996).
Upon consideration of the above, the order of the Judge of Compensation Claims is reversed and the cause is remanded for further proceedings.
To continue reading
Request your trial
-
Russell Corp. v. Brooks
...issues while providing a formidable deterrent for sloth." Waffle House, 673 So.2d at 885. * See also Commercial Carrier Corp. v. Madsen, 695 So.2d 770 (Fla. 1st DCA 1997)(reversing award of permanent total disability benefits where judge of compensation claims relied on Waffle House ); Craw......
-
Alachua County Bd. of County Com'rs v. Starling
...ERVIN, DAVIS and BENTON, JJ., concur. * See also Russell Corp. v. Brooks, 698 So.2d 1334 (Fla. 1st DCA 1997); Commercial Carrier Corp. v. Madsen, 695 So.2d 770 (Fla. 1st DCA 1997)(reversing award of permanent total disability benefits where judge of compensation claims relied on Waffle Hous......