BOONE WASTE MANAGEMENT AND GALLAGHER BASSETT SERVICES, INC., APPELLANTS,
v.
JOHN CARMAN, APPELLEE

Fla. 1st DCA | 2004-08-24
No. 1D03-2504
ERVIN, ALLEN and HAWKES, JJ., concur.
881 So. 2d 94 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer/carrier and the claimant in this workers’ compensation case challenge various aspects of the final order entered by the judge of compensation claims. Although the judge erred in failing to authorize the employer/carrier to take a crédit in the amount of temporary partial disability benefits already paid for the period of January 1, 2001 through February 25, 2001, against amounts payable for temporary total disability benefits awarded for that same period of time, we otherwise find no error in the order under review. Accordingly, except as to the failure to authorize the credit, the order is affirmed, and this case is remanded for the judge to authorize an appropriate credit.

ERVIN, ALLEN and HAWKES, JJ., concur.


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    …that it is within the province of the Judge of Compensation Claims to determine whether a settlement agreement was reached, the order to the contrary is reversed. See Jacobsen v. Ross Stores, 882 So. 2d 431 (Fla. 1st DCA 2004); Gerow v. Yesterday’s, 881 So. 2d 94 (Fla. 1st DCA 2004). The case is remanded for a ruling on the motion to enforce the settlement. REVERSED and REMANDED. BARFIELD and KAHN, JJ., concur; ERVIN, J., concurs with written opinion.…

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