Diplomat Hotel v. Grimes

Decision Date14 February 1980
Docket NumberNo. QQ-262,QQ-262
CourtFlorida District Court of Appeals
PartiesDIPLOMAT HOTEL and Cosmopolitan Mutual Insurance Company, Appellants, v. Frank GRIMES, Appellee.

An Application for Review; Mark E. Polen, Judge of Industrial Claims.

Albert P. Massey, III of Pyszka, Kessler & Adams, Fort Lauderdale, for appellants.

Zebedee W. Wright, Fort Lauderdale, for appellee.

PER CURIAM.

The appellants, Diplomat Hotel and Cosmopolitan Mutual Insurance Company, bring this appeal from a final workers' compensation order entered January 5, 1979. The order is affirmed, except as to the award of temporary total disability benefits. The award of these benefits exceeds the announced scope of hearing, which was limited to compensability and further medical treatment.

The award of temporary total disability benefits is hereby stricken. The order is otherwise affirmed.

ERVIN, SHIVERS and SHAW, JJ., concur.

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4 cases
  • Allman v. Meredith Corp., AT-457
    • United States
    • Florida District Court of Appeals
    • June 12, 1984
    ...the deputy is to hear and determine. See, e.g., United States Steel Corp. v. Green, 353 So.2d 86 (Fla.1977); Diplomat Hotel v. Grimes, 379 So.2d 1025 (Fla. 1st DCA 1980), cert. denied, 388 So.2d 1112 (Fla.1980). If the law as articulated in these latter two cases was otherwise, a party coul......
  • Kaplan Industries, Inc. v. Rowlett
    • United States
    • Florida District Court of Appeals
    • August 13, 1990
    ...are beyond the scope of the hearing. See e.g., Sewell Plastics Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982); Diplomat Hotel v. Grimes, 379 So.2d 1025 (Fla. 1st DCA 1980). It was error to award this unclaimed benefit, although the matter may be addressed on remand, or otherwise in the ......
  • Lawton v. Florida Steel Corp., ZZ-425
    • United States
    • Florida District Court of Appeals
    • September 17, 1981
    ...of this action Lawton was deprived of due process, the right to submit evidence on her permanent partial disability. Diplomat v. Grimes, 379 So.2d 1025 (Fla. 1st DCA 1980); City of Hialeah v. Hilyard, 379 So.2d 1029 (Fla. 1st DCA 1980); Farm Stores v. Dyrda, 384 So.2d 269 (Fla. 1st DCA Reve......
  • Diplomat Hotel v. Grimes
    • United States
    • Florida Supreme Court
    • August 5, 1980

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