CHRISTINE MCCLENDON, APPELLANT,
v.
INTERNATIONAL HOUSE OF PANCAKES AND EMPLOYERS OF WAUSAU, INC., APPELLEES

Fla. 1st DCA | 1980-03-17
No. QQ-375
ERVIN and SHAW, JJ., concur.
381 So. 2d 728 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 4 cases

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Holding

The court held that the Judge of Industrial Claims did not err in dismissing the claim for additional workers' compensation benefits.


Facts & Procedural History

Appellant sought additional workers' compensation benefits. The Judge of Industrial Claims dismissed the claim.…

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Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

This is an appeal from Order entered by the Judge of Industrial Claims (now Deputy Commissioner) dismissing appellant’s claim for additional workmen’s (now workers’) compensation benefits. We affirm.

The appellant presents the following issues for review:

I.' WHETHER THE JUDGE OF INDUSTRIAL CLAIMS ERRED IN* ADJUDICATING PERMANENT DISABILITY WHERE THAT ISSUE WAS NOT IN CONTROVERSY.

II. WHETHER THE JUDGE OF INDUSTRIAL CLAIMS ERRED IN DETERMINING THE CLAIMANT DID NOT SUSTAIN A LOSS OF WAGE EARNING CAPACITY IN EXCESS OF THE TWO PERCENT ANATOMICAL RATING.

No other issues were presented.

Appellant argues under Issue I that claimant was entitled to additional temporary total benefits. This argument constitutes a separate issue and is improperly raised. Fla.R.App.P. 9.210(b).

The issue as to appellant’s entitlement to permanent disability benefits was placed in controversy by the appellant’s claim, the notice of hearing and the transcribed stipulation of the parties.

Appellant’s contention under Issue II is without merit. There being no error,

The Order is AFFIRMED.

ERVIN and SHAW, JJ., concur.


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Citator

Cited By

  • …ter upon which an appellant relies for reversal must be argued under an appropriate issue presented for review. Argument which addresses a point not set out in the issue on appeal will not be considered. McClendon v. International House of Pancakes, 381 So. 2d 728 (Fla. 1st DCA 1980). “It is well settled that, in order to obtain appellate review, alleged errors relied upon for reversal must be raised clearly, concisely, and separately as points on appeal.” Singer v. Borbua, 497 So. 2d 279, 281 (Fla. 3d DCA 19…
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  • Seymour Singer v. Florentino Borbua, 497 So. 2d 279 (Fla. 3d DCA 1986)
    …to obtain appellate review, alleged errors relied upon for reversal must be raised clearly, concisely and separately as points on appeal. See Lynch v. Tennyson, 443 So. 2d 1017, 1019 (Fla. 5th DCA 1983); McClendon v. International House of Pancakes, 381 So. 2d 728, 728 (Fla. 1st DCA 1980); Anderson v. State, 215 So. 2d 618, 619 (Fla. 4th DCA 1968); see also Redditt v. State, 84 So. 2d 317, 321-22 n. 1 (Fla.1955) (emphasizes importance of points on appeal for proper judicial review), aff'd, 88 So. 2d 126 (Fla.…

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