ORANGE COUNTY CORRECTIONS v. SUMMERS

No. 1D03-1902.

870 So.2d 952 (2004)

ORANGE COUNTY CORRECTIONS and Crawford & Company, Appellants, v. Rosa SUMMERS, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2004.


Attorney(s) appearing for the Case

Danni Lynn Germano and Sara P. Reiner of Broussard, Cullen & DeGailler, Orlando, for Appellants.

Jack T. Keller of Morgan & Associates, P.A., Winter Park, for Appellee.


DAVIS, J.

In this appeal, we are presented with the issue of whether a claimant may receive temporary partial disability benefits if he or she makes less than 80 percent of his or her average weekly wage, but more than the maximum compensation rate while working with the employer following the accident. Because we find that a claimant is entitled to temporary partial disability benefits in such a situation, we affirm the JCC's order. Finding them to be without merit...

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