Deltona Corp. v. Morris

Citation418 So.2d 1274
Decision Date08 September 1982
Docket NumberNo. AJ-100,AJ-100
CourtCourt of Appeal of Florida (US)
PartiesDELTONA CORPORATION and Home Indemnity Company, Appellants, v. Charles R. MORRIS, Sr., Appellee.

Richard H. Weisberg of Cooper & Rissman, Orlando, for appellants.

Edward H. Hurt of Hurt & Parrish, Orlando and Bill McCabe of Shepherd, McCabe & Cooley, Orlando, for appellee.

PER CURIAM.

In this workers' compensation case, the employer/carrier raises several points relating to the award of wage-loss benefits, and the claimant raises a single issue on cross-appeal challenging the wage-loss award. Only one issue regarding the language of the decretal portion of the deputy commissioner's order requires discussion. We find the award to be supported by competent, substantial evidence and affirm on all points.

Appellant contends that paragraph one of the decretal portion of the order is ambiguous in that it implies an open-end award, rather than a specific period. The language at issue is: "1. That the employer/carrier ... shall continue to pay same [wage-loss benefits] so long as the claimant is entitled to wage-loss benefits."

We agree with appellee that such language is customary in a workers' compensation award and that the decretal portion of the order is entirely appropriate. Appellee cites as an example Dan's Plumbing v. Smith, 410 So.2d 941 (Fla. 1st DCA 1982), in which this court held the claimant was entitled to wage-loss benefits effective retroactively "from November 18, 1980 through the date of the hearing and continuing so long as those benefits are proper." Dan's Plumbing at 942.

Appellant suggests that there is an inconsistency between Dan's Plumbing and appellant's authority, Exxon Co., U. S. A. v. Rodriguez, 410 So.2d 571 (Fla. 1st DCA 1982), reversing a wage-loss award based upon alleged similar language in the order as that now before us. In our opinion there is no inconsistency. The Rodriquez opinion does not quote from the deputy's order so we do not know whether the language in dispute was deemed to imply an open-end award. The relevant portion of Rodriquez is:

The deputy's order is ambiguous as it erroneously implies an open-end award of wage-loss compensation benefits. This deficiency in the order might have been avoided by counsel's prompt application to the deputy. Failing such application and opportunity to correct, we must reverse this point in the order and remand for the deputy to delineate the period for which these...

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6 cases
  • Stahl v. Southeastern X-Ray
    • United States
    • Florida District Court of Appeals
    • March 21, 1984
    ...Under the 1979 Act, requests for wage-loss benefits must be filed monthly and each claim is a separate claim. Deltona Corporation v. Morris, 418 So.2d 1274 (Fla. 1st DCA 1982). A claimant who periodically seeks wage-loss benefits is not excused from the continuing duty of testing his employ......
  • Bright v. City of Tampa
    • United States
    • Florida District Court of Appeals
    • July 13, 1989
    ...must be claimed separately each month. Wiley Jackson Co. v. Webster, 522 So.2d 987, 988 (Fla. 1st DCA 1988); Deltona Corp. v. Morris, 418 So.2d 1274, 1275 (Fla. 1st DCA 1982). Absent a voluntary limitation of income or an inadequate job search during the time period in question, application......
  • Veterans Septic Tank Service v. Wallace, AT-159
    • United States
    • Florida District Court of Appeals
    • February 13, 1984
    ...the language "so long as such benefits are proper" or "so long as claimant is entitled to such benefits." See Deltona Corp. v. Morris, 418 So.2d 1274, 1276 (Fla. 1st DCA 1982). AFFIRMED in part, REVERSED in part and REMANDED with JOANOS and THOMPSON, JJ., concur. ...
  • Wiley Jackson Co. v. Webster, BR-387
    • United States
    • Florida District Court of Appeals
    • March 25, 1988
    ...benefits constitutes a new and separate claim. Regency Inn v. Johnson, 422 So.2d 870 (Fla. 1st DCA 1982); Deltona Corporation v. Morris, 418 So.2d 1274 (Fla. 1st DCA 1982) and Couture Fashions, Inc. v. Romay, 461 So.2d 235 (Fla. 1st DCA 1984). In accordance with these general principles, th......
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