Westinghouse Elec. Corp. v. Williams, QQ-224
Decision Date | 18 February 1980 |
Docket Number | No. QQ-224,QQ-224 |
Citation | 379 So.2d 1032 |
Parties | WESTINGHOUSE ELECTRIC CORP. (Self-Insured), Appellant/Cross-Appellee, v. Willie WILLIAMS, Appellee/Cross-Appellant. |
Court | Florida District Court of Appeals |
B. C. Pyle of Whittaker, Pyle, Stump & Webster, P. A., Orlando, for appellant/cross-appellee.
Bruce R. Kaster of Pattillo, MacKay & McKeever, P. A., Ocala, for appellee/cross-appellant.
The record reveals that the claimant worked for one week in one construction job, and for nine weeks in another construction job during the time he was found to be temporarily totally disabled. The deputy commissioner failed to take cognizance of this evidence in ordering the carrier to:
(R)eclassify all permanent partial disability benefits paid prior to August 30, 1977, as temporary total disability benefits, . . . pay to the claimant temporary total disability benefits from the date permanent partial disability benefits terminated until August 30, 1977, . . . .
The order, otherwise affirmed, is reversed as to this award, and the cause is remanded to the deputy commissioner for a new order consistent with this opinion. See MJM Construction Co. v. Roberts, IRC Order 2-3387 (March 31, 1978); Purcell v. Douglas, 8 FCR 375 (1974), Cert. denied, 302 So.2d 762 (Fla.1974).
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...full-time in non-sheltered employment. Cling Electric, Inc. v. Jones, 376 So.2d 481 (Fla. 1st DCA 1979); Westinghouse Electric Corp. v. Williams, 379 So.2d 1032 (Fla. 1st DCA 1980); Standard Construction & Associates v. Kinsler, 394 So.2d 1083 (Fla. 1st DCA 1981) (1981 FLW 568); MJM Constru......
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...that the claimant could and did work. Cling Electric, Inc. v. Jones, 376 So.2d 481 (Fla. 1st DCA 1979); Westinghouse Electric Corp. v. Williams, 379 So.2d 1032 (Fla. 1st DCA 1980). As a second ground for reversal, the record indicates that the deputy found the claimant to be TTD even when h......