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Flowers v. Above-All-Roofing, Inc.

District Court of Appeal of Florida, First District
Jun 30, 1999
737 So. 2d 594 (Fla. Dist. Ct. App. 1999)

Summary

reviewing by appeal an order determining that the E/C were "entitled to a vocational evaluation of the claimant pursuant to section 440.15(e) and section 440.491, Florida Statutes"

Summary of this case from Douglas v. Fla. Power and Light, Inc.

Opinion

No. 98-2050.

Opinion filed June 30, 1999. Rehearing Denied August 4, 1999.

An appeal from an order of Judge of Compensation Claims Stephen P. Cullen.

David L. Kahn of David L. Kahn, P.A., Ft. Lauderdale, for appellant.

H. George Kagan and Elliot B. Kula of Miller, Kagan, Rodriguez Silver, P.A., West Palm Beach, for appellees.


As appellees' counsel conceded at oral argument, that the judge of compensation claims (JCC) had no authority to enter the order under review and that the order also had no legally binding effect on the parties, we vacate the JCC's order determining that the employer/carrier was entitled to a vocational evaluation of the claimant pursuant to section 440.15(1)(e) and section 440.491, Florida Statutes (1997).

ERVIN, WOLF and WEBSTER, JJ., concur.


Summaries of

Flowers v. Above-All-Roofing, Inc.

District Court of Appeal of Florida, First District
Jun 30, 1999
737 So. 2d 594 (Fla. Dist. Ct. App. 1999)

reviewing by appeal an order determining that the E/C were "entitled to a vocational evaluation of the claimant pursuant to section 440.15(e) and section 440.491, Florida Statutes"

Summary of this case from Douglas v. Fla. Power and Light, Inc.
Case details for

Flowers v. Above-All-Roofing, Inc.

Case Details

Full title:JOHN FLOWERS, Appellant, v. ABOVE-ALL-ROOFING, INC. and FCCI MUTUAL…

Court:District Court of Appeal of Florida, First District

Date published: Jun 30, 1999

Citations

737 So. 2d 594 (Fla. Dist. Ct. App. 1999)

Citing Cases

Douglas v. Fla. Power and Light, Inc.

We disagree, and deny the relief requested. Arguably petitioner should have sought review of the JCC's order…