O.T. SIMS & ASSOCIATES v. MERCHANT

No. AO-179.

435 So.2d 884 (1983)

O.T. SIMS & ASSOCIATES, and Travelers Insurance Co., Appellants, v. Chris J. MERCHANT, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 12, 1983.


Attorney(s) appearing for the Case

Charles Vocelle of Brannon, Brown, Norris, Vocelle, Haley, Brown & Robinson, Lake City, for appellants.

M. Blair Payne of Darby, Peele, Page & Bowdoin, Lake City, for appellee.


WENTWORTH, Judge.

The employer and carrier (e/c) appeal an order of the deputy commissioner finding claimant temporarily partially disabled (TPD) from April 2, 1982, to July 12, 1982, and awarding payment of attorney's fees. Claimant cross-appeals the determination of his average weekly wage. We affirm the points raised on appeal and reverse on the cross-appeal.

Claimant was injured on June 4, 1981, when his arm was caught in a conveyor belt at work. The e...

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