THELMA LAWTON, APPELLANT,
v.
FLORIDA STEEL CORPORATION AND HARTFORD INSURANCE CO., APPELLEES
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PER CURIAM.
That part of the Deputy’s order of 23 December 1980 finding that Lawton has an 8% anatomic disability and ordering the employer/carrier to pay at this rate less credit for permanent partial disability compensation previously paid to Lawton, is reversed because this finding exceeds the scope of-the hearing.
The application for hearing, the amended application, the notice of hearing, and the pre-hearing discussion of the issues were limited to medical care, temporary total disability and whether previously paid permanent partial compensation should be converted to temporary total.
The Deputy erred when he entered an order for permanent partial disability after a hearing expressly limited to the issues set forth above. Because of this action Lawton was deprived of due process, the right to submit evidence on her permanent partial disability. Diplomat v. Grimes, 379 So. 2d 1025 (Fla. 1st DCA 1980); City of Hialeah v. Hilyard, 379 So. 2d 1029 (Fla. 1st DCA 1980); Farm Stores v. Dyrda, 384 So. 2d 269 (Fla. 1st DCA 1980). Reversed and remanded for appropriate action consistent with this opinion.
MILLS, ERVIN, and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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The Austin Co. & Gen. Accident Grp. v. Lindenberger, 410 So. 2d 601 (Fla. 1st DCA 1982)…issue not being framed by the parties and the record being otherwise silent, we agree that there was a total lack of notice and the award of remedial attention benefits was incorrect. Campen, Id. at 192; See also Lawton v. Florida Steel Corporation, 403 So. 2d 628 (Fla. 1st DCA 1981); and Albertson's Southco v. Williams, 402 So. 2d 1342 (Fla. 1st DCA 1981). Since there is no evidence of a change in claimant’s condition and no evidence that he conducted an adequate work search, claimant has failed to demonstr…
Authorities Cited
- Farm Stores & Emp'rs Ins. of Wausau v. Dyrda, 384 So. 2d 269 (Fla. 1st DCA 1980)
- Diplomat Hotel & Cosmopolitan Mut. Ins. Co. v. Grimes, 379 So. 2d 1025 (Fla. 1st DCA 1980)
- City OF Hialeah v. Hilyard, 379 So. 2d 1029 (Fla. 1st DCA 1980)