573 So. 2d 1013

E G & G OF FLORIDA and Liberty Mutual Insurance, Appellants, v. Samuel WINSTEAD, Appellee.

No. 89-3293.

District Court of Appeal of Florida, First District.

Jan. 31, 1991.

Paul T. Terlizzese and Robert A. Donahue of Rissman, Weisberg, Barrett & Hurt, P.A., Vero Beach, for appellants.

Thomas Thoburn, Cocoa, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellee.

PER CURIAM.

In the workers’ compensation order appealed herein, the judge of compensation claims found,

While it was evident that the Claimant suffered from disabling physical and/or mental problems[,] I find that it would be premature at this time to come to any conclusion concerning whether the Claimant is permanently and totally disabled. I find that a current medical evaluation with appropriate studies and functional capacities assessment would be usefule [sic]. Further, I find that efforts should be continued towards the Claimant’s rehabilitation as is currently being provided by Ellen Fernandez.

In the decretal portion of the order, the judge ordered as follows:

Jurisdiction is reserved to take further evidence at a hearing to be scheduled upon request or [sic] either the Employer/Carrier or the Claimant concerning the issue of permanent total disability.

We construe this language as a denial of the claim for permanent total disability benefits. Aquarius Condominium Ass’n v. Ramirez, 509 So.2d 1204 (Fla. 1st DCA 1987).

Finding no merit m the points raised by the appellants, the order appealed is affirmed.

WENTWORTH, JOANOS and ALLEN, JJ., concur.

E G & G of Florida v. Winstead
573 So. 2d 1013

Case Details

Name
E G & G of Florida v. Winstead
Decision Date
Jan 31, 1991
Citations

573 So. 2d 1013

Jurisdiction
Florida

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