Osceola County Commissioners v. Thomas

Florida District Courts of Appeal
Osceola County Commissioners v. Thomas, 416 So. 2d 903 (1982)
1982 Fla. App. LEXIS 20516
Booth, Ton, Wentworth, Wiggin

Osceola County Commissioners v. Thomas

Opinion of the Court

PER CURIAM.

This cause is before us on appeal by the employer/carrier from a workers’ compensation order awarding wage loss benefits, interest, penalties, and attorney’s fees. The award was predicated on one medical report stating that claimant had “reached MMI and has a PPI of 2% of the body as a whole” resulting from his June 27, 1980, industrial accident. We reverse, as the report was inadmissible hearsay, see Butch’s Concrete v. Henderson, 414 So.2d 652 (Fla. 1st DCA 1982), and there was no other medical testimony establishing permanent impairment and entitlement to wage loss benefits. The finding that claimant was entitled to attorney’s fees was also improper absent a specific finding of the basis for such award in the order. See Blackburn Home Improvements v. Lebel, 414 So.2d 12 (Fla. 1st DCA 1982).

REVERSED.

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.

Reference

Full Case Name
OSCEOLA COUNTY COMMISSIONERS and U. S. Fidelity and Guaranty Company v. Enos THOMAS
Cited By
3 cases
Status
Published