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SMITH v. CTL DISTRIBUTION

No. 93-2494.

643 So.2d 66 (1994)

Herley SMITH, Appellant, v. CTL DISTRIBUTION and Commercial Carrier Corp., Appellees.

District Court of Appeal of Florida, First District.

September 29, 1994.

Attorney(s) appearing for the Case

Vicki L. Stolberg of Barrs, Williamson, Stolberg & Townsend, P.A., Tampa, for appellant.

Trent W. Ling of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for appellees.

ALLEN, Judge.

The claimant appeals a workers' compensation order providing that after December 28, 1992, he "would not be eligible" for wage loss benefits. This determination was based on a finding that on that date the treating doctor withdrew all work-related physical restrictions. However, the record indicates that the doctor merely acceded to the claimant's desire to return to his former occupation as a truck driver. The doctor emphasized that this was not in...

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