Flanigan's Enterprises, Inc. v. Pont

I dissent. I would reverse the order reserving jurisdiction to determine wage loss benefits.

The Deputy Commissioner (“the Deputy”) entered an Order, finding that the claimant had received a compensable injury on August 1, 1979. But the Deputy also found that without evidence of permanent partial physical impairment based upon the AMA Guide to the Evaluation of Permanent Impairment (AMA Guide), the claimant had failed to prove that he was entitled to wage-loss benefits under § 440.15(3)(b)(l), Fla.Stat. (1979). The Deputy ruled that such a failure of proof did not bar the claimant from…