City of Orlando v. Wilkinson

WOLF, Judge.

City of Orlando and Alexsis Risk Management, the employer and servicing agent (E/ SA) appeal from an order of the judge of compensation claims (JCC) which awards wage loss and temporary total disability benefits to Harold Wilkinson (claimant), pursuant to section 440.15(5)(c), Florida Statutes (1987). The E/SA argue that the JCC erred by applying the statute to a claimant who was not receiving wage loss at the time of a subsequent injury.1 We agree and remand for the JCC to determine claimant’s eligibility for benefits without the improper application of the statute.

Claimant is a…