Legal Opinion · Concurring in part, dissenting in part

Agrico Chemical Co. v. Tucker

District Court of Appeal of Florida

Decided August 7, 1987No. BP-200Published

1Concurring in part, dissenting in partErvin, Judge

I would affirm the deputy’s order in its entirety. I see no need to remand the case for a redetermination of a date subsequent to the original compensation order from *675which a later order should be made effective. I would simply treat the order of June 2, 1980, finding claimant entitled to PPD benefits based upon an anatomical impairment of twenty-five percent, as a mistake of fact. Although this court’s earlier opinion remanded the cause to the deputy based upon a material change in claimant’s condition, Tucker v. Agrico Chemical Co., 476 So.2d 729 (Fla. 1st DCA 1986), we certainly did not…

2Cases cited4 opinions

  1. Walker v. Electronic Products & Engineering Co.Supreme Court of Florida · 1971
  2. Southern Bell Tel. & Tel. Co. v. BlackstockDistrict Court of Appeal of Florida · 1982
  3. Tucker v. Agrico Chemical Co.District Court of Appeal of Florida · 1985
  4. Hohenstein v. Jim Wilson Constr. Co.District Court of Appeal of Florida · 1984

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