SEA GULL STEAK HOUSE & SNACK BAR v. ALEXANDER

No. SS-130.

391 So.2d 812 (1980)

SEA GULL STEAK HOUSE & SNACK BAR and Old Republic Insurance Company, Appellants, v. Roosevelt ALEXANDER, Appellee.

District Court of Appeal of Florida, First District.

December 31, 1980.


Attorney(s) appearing for the Case

John F. McMath, Miami, for appellants.

Edward Schroll, Miami, for appellee.


ON PETITION FOR REHEARING GRANTED

MILLS, Chief Judge.

In our initial opinion, we reversed an award for temporary total disability on the basis that the evidence failed to establish that Alexander was, by reason of injury, unable to work. In so ruling we noted that Alexander did not testify that he was unable to work but only that he was "out of work."

The petition for rehearing points out that Alexander's statement as to how long he was "out of work...

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