Marks v. State
Marks v. State
Opinion of the Court
Claimant suffered compensable accidents in February of 1978 when the employer was represented by South Carolina Insurance Company, and May of 1979 when the employer was represented by Crawford and Company, a Division of Risk Management. The deputy commissioner found an overall
Upon remand the deputy reduced the overall physical impairment rating to 20% of the body as a whole and found South Carolina Insurance Company responsible for 52.5 weeks of permanent partial disability benefits at $126.00 per week. Crawford and Company was ordered to pay 17.5 weeks of permanent partial disability benefits at the weekly compensation rate of $130.00. The deputy later amended the latter award by changing the 17.5 weeks to 8.75 weeks. In her appeal from the amended order, the claimant takes the position that the deputy erred in departing from the 350-week schedule in computing the compensation rate. We agree. In both the original hearing and the hearing on remand, the deputy found that the claimant’s overall disability exceeded 10%, 5% of which he apportioned to the Division of Risk Management. Our rejection of the cross-appeal challenging use of the 350-week schedule is binding upon the deputy upon remand. His departure therefrom was error. See Walker v. Atlantic Coastline Railroad Co., 121 So.2d 713 (Fla. 1st DCA 1960). The amend7 ed order of the deputy commissioner is accordingly REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.