Florida District Courts of Appeal, 1985

Payne v. Griner-Woodruff, Inc.

Payne v. Griner-Woodruff, Inc.
Florida District Courts of Appeal · Decided January 3, 1985 · Mills, Shivers, Wentworth
462 So. 2d 518; 10 Fla. L. Weekly 102; 1985 Fla. App. LEXIS 11877 (Southern Reporter, Second Series)

Payne v. Griner-Woodruff, Inc.

Opinion of the Court

SHIVERS, Judge.

Claimant Roger Payne appeals workers’ compensation order abating claimant’s wage-loss claim and hearing thereon. We reverse and remand.

Claimant Payne was initially awarded wage-loss benefits in an order which was appealed to our court in Case No. AX-148. 457 So.2d 1120. While that appeal was pending, Payne filed claim for wage-loss benefits for a subsequent time period. The deputy commissioner abated the claim for the subsequent period, stating that the nature of the claim, as well as the specific defenses raised by the employer/carrier, are identical to those raised at the prior hearing.

Although we recently ruled in Case No. AX-148 that claimant is entitled to wage-loss benefits on that earlier claim, this does not furnish the rationale for our holding here. Case No. AX-148 and the instant case (No. AZ-372) are for two separate periods of entitlement to wage-loss. Claimant is entitled to proceed under Section 440.25, Florida Statutes, and to have his wage-loss claim for this subsequent period timely heard. The deputy erred in abating the claim and the hearing on this claim.

REVERSED and REMANDED.

*519WENTWORTH, J., concurs. MILLS, J., dissents with opinion.

Dissenting Opinion

MILLS, Judge,

dissents.

I dissent.

I would dismiss this appeal because it is moot. See Griner-Woodruff, Inc. v. Payne, 457 So.2d 1120 (Fla. 1st DCA 1984).

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