Legal Opinion

Phillips v. Pools By Andrew

District Court of Appeal of Florida

Decided June 28, 1993No. 92-2410Published

1Per curiam

Albert Phillips appeals from an order of the judge of compensation claims (JCC) which granted the employer/carrier’s motion “to evaluate the claimant to determine the need for, and the kind of service necessary and appropriate to restore the claimant to suitable gainful employment.” We reverse the order of the JCC because there was no evidence presented or factual findings to support the need for the evaluation. See Strawter v. Atlas Steel Fence, Inc., 578 So.2d 455 (Fla. 1st DCA 1991); Dimirra Dev., Inc. v. Mills, 501 So.2d 63 (Fla. 1st DCA 1987).1

In light of our holding, it is unnecessary…

2Cases cited2 opinions

  1. Dimirra Development, Inc. v. MillsDistrict Court of Appeal of Florida · 1987
  2. Strawter v. Atlas Steel Fence, Inc. Claims CenterDistrict Court of Appeal of Florida · 1991

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