Legal Opinion · Concurrence

Alie v. Crum Staffing, Inc.

District Court of Appeal of Florida

Decided August 5, 2010No. 1D09-4640Published

1Concurrence

WETHERELL, J.,

specially concurring.

Although I fully concur in the majority opinion, I would go further and remand with more specific directions consistent with the discussion below. I write separately because even though the majority opinion remands for the judge of compensation claims (JCC) to determine the amount of temporary partial disability (TPD) benefits due for the period claimed, I am concerned that the opinion may be misconstrued as an approval of the claimant’s position that he is entitled to “full” TPD benefits — calculated at 64% of his average weekly wage — based upon his…

2Cases cited7 opinions

  1. Wyeth/Pharma Field Sales v. ToscanoDistrict Court of Appeal of Florida · 2010
  2. Vencor Hosp. v. AhlesDistrict Court of Appeal of Florida · 1998
  3. Whalen v. US ELEVATORDistrict Court of Appeal of Florida · 1986
  4. Stewart v. CRS Rinker Materials Corp.District Court of Appeal of Florida · 2003
  5. Arnold v. Florida's Blood Centers, Inc.District Court of Appeal of Florida · 2007

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