City of Cocoa v. Jones

The employer/carrier appeal from orders of the Deputy Commissioner wherein he failed to rule on the claim for permanent disability benefits. We agree with the employer/carrier that the Deputy should have ruled on the permanent benefits and reverse.

The claimant was injured on July 24, 1979, while attempting to load a small tractor onto a truck. Dr. Kaplan felt that the claimant suffered a 15% permanent physical impairment, while Dr. Gibbons estimated a 5% impairment. Since the date of maximum medical improvement (MMI) was not determined prior to the hearing, counsel for the employer/carrier…