Florida District Courts of Appeal, 1997

Publix Supermarkets, Inc. v. Harris

Publix Supermarkets, Inc. v. Harris
Florida District Courts of Appeal · Decided April 18, 1997 · Benton, Davis, Ervin
691 So. 2d 1169; 1997 Fla. App. LEXIS 4005; 1997 WL 186279 (Southern Reporter, Second Series)

Publix Supermarkets, Inc. v. Harris

Opinion of the Court

PER CURIAM.

The employer and servicing agent appeal an order which included an award of permanent total disability (PTD) benefits. We conclude that there was no claim pending for PTD benefits, and therefore the Judge of Compensation Claims (JCC) erred in awarding such benefits. See Southeast Recycling v. Cottongim, 639 So.2d 155, 157 (Fla. 1st DCA 1994); Kaplan Industries, Inc. v. Rowlett, 565 So.2d 404 (Fla. 1st DCA 1990). We find no merit in any of the other issues raised on appeal.

Accordingly, we REVERSE IN PART, AFFIRM IN PART, and REMAND.

ERVIN, DAVIS and BENTON, JJ., concur.

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