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POSPISIL v. OSMOND LINCOLN MERCURY

No. 1D01-2266.

820 So.2d 1076 (2002)

Judy POSPISIL, Appellant, v. OSMOND LINCOLN MERCURY and Hartford Fire Insurance, Appellees.

District Court of Appeal of Florida, First District.

July 16, 2002.

Attorney(s) appearing for the Case

Alfred Hilado, Orlando, and Bill McCabe, Longwood, for Appellant.

Michael J. Poché and Robert A. Donahue of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Vero Beach, for Appellees.

KAHN, J.

Although the Judge of Compensation Claims (JCC) did not err in calculation of average weekly wage, the JCC did err by refusing to award statutory impairment benefits. "An employee's entitlement to impairment benefits begins the day after the employee reaches maximum medical improvement or the expiration of temporary benefits, whichever occurs earlier...." § 440.15(3)(a)3., Fla. Stat. (1997). Here, it is undisputed that claimant sought impairment benefits...

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