McDonnell Douglas Corp. v. McDonald

• Decision Date: 13 July 1993
• Docket Number: No. 92-1834,92-1834
• Citation: McDonnell Douglas Corp. v. McDonald, 620 So.2d 1146 (Fla. App. 1993)
• Citation: 620 So. 2d 1146
• Parties: 18 Fla. L. Week. D1607 McDONNELL DOUGLAS CORPORATION and TGO Claims Service, Inc., Appellants, v. Dennis McDONALD, Appellee.
• Court: Florida District Court of Appeals

Page 1146

620 So.2d 1146

18 Fla. L. Week. D1607

McDONNELL DOUGLAS CORPORATION and TGO Claims Service, Inc., Appellants, v.Dennis McDONALD, Appellee.

No. 92-1834.

District Court of Appeal of Florida First District.

July 13, 1993.

An appeal from an Order of the Judge of Compensation Claims; J. Paul Jones, Jr., Judge.

Chris Muckerman, Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Cocoa, for appellants.

O. John Alpizar, Palm Bay, Bill McCabe, Shepherd, McCabe & Cooley, Longwood, for appellee.

PER CURIAM.

The Employer/Carrier ("E/C") appeal the order of the Judge of Compensation Claims ("JCC") awarding temporary total disability and temporary partial disability benefits, payment of medical bills, uncontested taxable costs, and attorney's fees.Finding competent substantial evidence to support the order, we affirm.However, it is necessary to strike the decretal portion of the order awarding future temporary partial disability benefits "through the present and continuing," and to substitute the following: "to the date of the hearing and for so long as such benefits are proper."Rodeway Inn v. Bryant, 615 So.2d 857, 858(Fla. 1st DCA1993);Workman v. McDonnell Douglas Corp., 590 So.2d 1035(Fla. 1st DCA1991);Wiley Jackson Co. v. Webster, 522 So.2d 987(Fla. 1st DCA1988).

We find no merit to the E/C's argument that the JCC applied the wrong legal test to determine Claimant's entitlement to benefits.SeeTurner v. G. Pierce Wood Memorial Hospital, 600 So.2d 1153(Fla. 1st DCA1992);Curtis v. Bordo Citrus Prods., 566 So.2d 328(Fla. 1st DCA1990);Spaulding v. Albertson's, 543 So.2d 858(Fla. 1st DCA1989);Koulias v. Tarpon Marine Ways, 538 So.2d 130(Fla. 1st DCA1989);Central Concrete Co., Inc. v. Harris, 475 So.2d 1300(Fla. 1st DCA1985).

AFFIRMED as modified.

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