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BLAKE v. MERCK & CO./SPECIALTY RISK SERVS.

No. 1D09-5464.

43 So.3d 882 (2010)

Nancy BLAKE, Appellant, v. MERCK & COMPANY, INCORPORATED/SPECIALTY RISK SERVICES, Appellees.

District Court of Appeal of Florida, First District.

September 7, 2010.

Attorney(s) appearing for the Case

Bill McCabe of Shepherd, McCabe & Cooley, Longwood, and Michael D. Rudolph , Jacksonville, for Appellant.

Mary L. Wakeman of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellees.

PER CURIAM.

In this workers' compensation case, Claimant seeks review of an order denying a claim for permanent total disability (PTD) benefits, attorney's fees, and costs. We reverse because the Judge of Compensation Claims (JCC) used an incorrect legal standard in denying PTD benefits.

The JCC denied the claim based on the erroneous assumption that, absent medical evidence of complete inability to work, a claimant...

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