McDevitt Street Bovis v. Rogers, 770 So. 2d 180 (Fla. 1st DCA 2000). · Go Syfert
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McDevitt Street Bovis v. Rogers, 770 So. 2d 180 (Fla. 1st DCA 2000). Cases Citing This Book View Copy Cite
7 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Fitzgerald v. Osceola County School Bd. (fladistctapp, 2008-02-19)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" Fitzgerald v. Osceola County School Bd.
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See McDevitt Street Bovis v. Rogers, 770 So.2d 180, 181 (Fla. 1st DCA 2000).
cited Cited "see" Mitchell v. XO COMMUNICATIONS
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See McDevitt Street Bovis v. Rogers, 770 So.2d 180, 181 (Fla. 1st DCA 2000).
discussed Cited "see, e.g." Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management
Fla. Dist. Ct. App. · 2013 · signal: see, e.g. · confidence low
See, e.g., McDevitt Street Bovis v. Rogers, 770 So.2d 180 (Fla. 1st DCA 2000) (denying a disabled worker disability benefits after the expiration of the 104-week period because she failed to prove that she would still be totally disabled at the time she reached maximum medical improvement); Chan’s Surfside Saloon v. Provost, 764 So.2d 700 (Fla. 1st DCA 2000) (denying a disabled worker disability benefits because she failed to prove that she would still be disabled at the time she reached maximum medical improvement); Metropolitan Title & Guar.
Retrieving the full opinion text from the archive…
McDEVITT STREET BOVIS and AIG Services, Inc., Appellants,
v.
Illa ROGERS, Appellee.
1D99-3799.
District Court of Appeal of Florida, First District.
Sep 15, 2000.
770 So. 2d 180
2000 WL 1298948
Per Curiam.
Cited by 6 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: District Court of Appeal of Fl… (1)

Philip R. Augustine and Sean McBride of Langston, Hess, Bolton, Znosko & Helm, P.A., Maitland, for Appellants.

[*181] Nora Leto of Kaylor & Kaylor, P.A., Winter Haven, for Appellee.

PER CURIAM.

In this workers' compensation case, the employer and carrier argue that the judge of compensation claims erroneously determined that the claimant was entitled to permanent total disability benefits because the claimant failed to prove that she would remain permanently and totally disabled after she reached maximum medical improvement. We agree and, accordingly, reverse.

Nobody testified either that the claimant had reached maximum medical (psychiatric) improvement, or that she would remain permanently and totally disabled when she did reach maximum medical improvement. Accordingly, this case is controlled by City of Pensacola Firefighters v. Oswald, 710 So.2d 95 (Fla. 1st DCA 1998), and Chan's Surfside Saloon/Cox Ventures v. Zenith Insurance Co., 764 So.2d 700 (Fla. 1st DCA 2000). Because the claimant failed to carry her burden of proof, the award of permanent total disability benefits was error.

REVERSED.

BARFIELD, C.J., WEBSTER and BENTON, JJ., CONCUR.