COMMERCIAL CARRIER CORP. AND COMCAR INDUSTRIES, INC., APPELLANTS,
v.
MERDIN MADSEN, APPELLEE

Fla. 1st DCA | 1997-04-23
No. 96-3130
BAEFIELD, C.J., and KAHN and DAVIS, JJ., concur.
695 So. 2d 770 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer/carrier appeal an order which determined the claimant was entitled to permanent total disability benefits on the basis of Waffle House v. Hutchinson, 673 So. 2d 883 (Fla. 1st DCA 1996). Appellee has filed a confession of error, noting that this court receded from Waffle House in North River Insurance Co. v. Wuelling, 683 So. 2d 1090 (Fla. 1st DCA 1996).

Upon consideration of the above, the order of the Judge of Compensation Claims is re versed and the cause is remanded for further proceedings.

BAEFIELD, C.J., and KAHN and DAVIS, JJ., concur.


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  • Russell Corp. & Thomas Howell Group/GAB Robbins v. Brooks, 698 So. 2d 1334 (Fla. 1st DCA 1997)
    …l benefits requested, willing to take its chances at mediation and, that failing, litigation with all its attendant risks. Reversed and remanded. KAHN, J., concurs. ERVIN, J., concurs with opinion. * See also Commercial Carrier Corp. v. Madsen, 695 So. 2d 770 (Fla. 1st DCA 1997)(reversing award of permanent total disability benefits where judge of compensation claims relied on Waffle House)] Crawford and Co. v. Barnes, 691 So. 2d 1142 (Fla. 1st DCA 1997)(holding error to award permanent total disability…
  • …itigation with all its attendant risks.” Russell Corp., 698 So. 2d at 1335. Reversed and remanded. ERVIN, DAVIS and BENTON, JJ., concur. * See also Russell Corp. v. Brooks, 698 So. 2d 1334 (Fla. 1st DCA 1997); Commercial Carrier Corp. v. Madsen, 695 So. 2d 770 (Fla. 1st DCA 1997)(re-versing award of permanent total disability benefits where judge of compensation claims relied on Waffle House); Crawford and Co. v. Barites, 691 So. 2d 1142 (Fla. 1st DCA 1997)(holding error to award permanent total disabilit…

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