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STATE, DEPT. OF TRANSP. ETC. v. MASSILLON

No. AH-178.

419 So.2d 371 (1982)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, DIVISION OF RISK MANAGEMENT and Crawford and Company, Appellants, v. David MASSILLON and the Division of Workers' Compensation, Appellees.

District Court of Appeal of Florida, First District.

September 10, 1982.

Attorney(s) appearing for the Case

Jerry V. Wilkey, Coral Gables, Thomas J. Maida, McConnaughhay & Roland, Tallahassee, for appellants.

Jay M. Levy of Silver, Levy & Herschoff, Miami, for appellees.

SHAW, Judge.

The employer/carrier appeal the deputy commissioner's order finding the claimant to have a 70% permanent partial disability based on loss of wage earning capacity. The claimant cross appeals the partial disability award, arguing that the deputy erred in failing to award permanent total disability benefits. We agree with the claimant.

The deputy commissioner bases his determination that the claimant has...

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