Florida District Courts of Appeal, 1984

CFM Distributing v. Alpert

CFM Distributing v. Alpert
Florida District Courts of Appeal · Decided July 19, 1984 · Mills, Shivers, Wigginton
453 So. 2d 169; 1984 Fla. App. LEXIS 14058 (Southern Reporter, Second Series)

CFM Distributing v. Alpert

Opinion of the Court

WIGGINTON, Judge.

The employer/carrier in this workers’ compensation case appeal the deputy commissioner’s order granting claimant’s “Motion to Set Aside and/or Vacate” a prior order approving a joint petition for lump sum settlement. Because the evidence at the time of the settlement hearing clearly established that claimant had not reached maximum medical improvement six months prior to the settlement, we affirm. See section 440.20(12)(a), Florida Statutes (Supp. 1980); and D’Amico v. Marina Inn & Yacht Harbor, Inc., 444 So.2d 1038 (Fla. 1st DCA 1984).

MILLS and SHIVERS, JJ., concur.

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