DANIEL P. HOHENSTEIN, APPELLANT,
v.
JIM WILSON CONSTRUCTION COMPANY AND INSURANCE COMPANY OF NORTH AMERICA, APPELLEES
MILLS, Judge.
The deputy commissioner erred in finding that she made a mistake of fact in her prior order awarding temporary total disability benefits. In order to support a modification on the ground of mistake of fact, a mistake must be shown on the part of the deputy commissioner, not on the part of the witnesses. Sauder v. Coast Cities Coaches, Inc., 156 So. 2d 162 (Fla.1963).
We affirm the order appealed, however, because there was competent substantial evidence to support the findings that Hohenstein had reached maximum medical improvement and that he was no longer entitled to receive temporary total disability benefits.
AFFIRMED.
SHIVERS and WIGGINTON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
E. Airlines & GAB v. Griffin, 654 So. 2d 1194 (Fla. 1st DCA 1995)…So. 2d 162 (Fla. 1963); Beaty v. M & S Maintenance Co., 124 So. 2d 868 (Fla.1960); McDonough v. Versailles Hotel, 57 So. 2d 16 (Fla.1952); Westwinds Transp., Inc. v. Murphy, 494 So. 2d 519 (Fla. 1st DCA 1986); Hohenstein v. Jim Wilson Constr. Co., 451 So. 2d 964 (Fla. 1st DCA 1984); Ouellette v. Treasure Isle, Inc., 444 So. 2d 585 (Fla. 1st DCA 1984); Everwear Prods. Co. v. Holloway, 422 So. 2d 1020 (Fla. 1st DCA 1982); Housing by Vogue v. Caswell, 421 So. 2d 556 (Fla. 1st DCA 1982); Southern Bell Tel. & Te…
-
Emmett H. Massie v. Univ. OF Fla. & Div. of Risk Mgmt., 570 So. 2d 963 (Fla. 1st DCA 1990)…971] (Fla. 1960); Power v. Joseph G. Moretti, Inc., 120 So. 2d 443 (Fla.1960); McDonough v. Versailles Hotel, 57 So. 2d 16 (Fla.1952); Westwinds Transportation, Inc. v. Murphy, 494 So. 2d 519 (Fla. 1st DCA 1986); Hohenstein v. Jim Wilson Const. Co., 451 So. 2d 964 (Fla. 1st DCA 1984); Ouellette v. Treasure Isle, Inc., 444 So. 2d 585 (Fla. 1st DCA 1984); City of St. Augustine v. Allen, 424 So. 2d 939 (Fla. 1st DCA 1983); Everwear Products Co. v. Holloway, 422 So. 2d 1020 (Fla. 1st DCA 1982); Housing By Vogue v…
-
Westwinds Transp., Inc. v. Murphy, 494 So. 2d 519 (Fla. 1st DCA 1986)…factual determination must be one committed [*522] by the deputy, not merely an erroneous conclusion by one of the claimant’s witnesses. Sauder v. Coast Cities Coaches, Inc., 156 So. 2d 162, 164 (Fla.1963); Hohenstein v. Jim Wilson Construction Co., 451 So. 2d 964, 965 (Fla. 1st DCA 1984). An exception to this rule was stated in Hughes v. Denny’s Restaurant, 328 So. 2d 830 (Fla.1976), but was strictly limited to instances where the state of the medical art has advanced to the point that new evidence becomes a…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sauder v. Coast Cities Coaches, Inc., 156 So. 2d 162 (Fla. 1963)