Legal Opinion

Benniefield v. City of Lakeland

District Court of Appeal of Florida

Decided April 8, 2013No. 1D12-2353PublishedCited by 10 opinions

1Per curiam

In this workers’ compensation appeal, Claimant challenges the Judge of Compensation Claims’ (JCC’s) denial of his claim for permanent total disability (PTD) benefits on grounds that the JCC erred regarding Claimant’s date of maximum medical improvement (MMI) and further erred by denying penalties, interest, costs, and attorney’s fees associated with that claim. Because we agree, we reverse and remand the case to the JCC for further proceedings.

BACKGROUND

On April 9, 2008, Claimant sustained a compensable back injury and was placed on MMI on January 7, 2009, by Dr. John C. Amann, his authorized…

2Cases cited5 opinions

  1. Mylock v. Champion Intern.District Court of Appeal of Florida · 2005
  2. Holder v. Keller Kitchen CabinetsSupreme Court of Florida · 1992
  3. Emanuel v. David Piercy PlumbingDistrict Court of Appeal of Florida · 2000
  4. East v. CVS Pharmacy, Inc.District Court of Appeal of Florida · 2010
  5. Lemmer v. Urban Electrical, Inc.District Court of Appeal of Florida · 2007

3Cited by10 opinions

  1. City of Tavares v. HarperDistrict Court of Appeal of Florida · 2017
  2. City of Tavares and Gallagher Bassett etc. v. Billy HarperDistrict Court of Appeal of Florida · 2017
  3. Fish v. Extreme Enterprises of Marion County, Inc., Extreme Lawn CareDistrict Court of Appeal of Florida · 2026
  4. Juan Alvarez v. Fort Pierce Police DepartmentDistrict Court of Appeal of Florida · 2016
  5. Julio Sanchez v. Yellow Transportation/Gallagher BassettDistrict Court of Appeal of Florida · 2020

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