STAGE v. OVERNITE TRANSPORTATION

No. 1D03-1319.

886 So.2d 432 (2004)

Wayman STAGE, Appellant, v. OVERNITE TRANSPORTATION and Gallagher Bassett Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

November 17, 2004.


Attorney(s) appearing for the Case

Bradley Guy Smith, of Smith, Feddeler, Smith & Miles, P.A., Lakeland; Susan W. Fox, of Fox & Loquasto, P.A., Tampa; and Wendy S. Loquasto, of Fox & Loquasto, P.A., Tallahassee, for appellant.

Denise P. Murray and Warren K. Sponsler, of Sponsler, Bennett, Jacobs & Cristal, P.A., Tampa, for appellees.


WOLF, C.J.

Claimant raises three issues on appeal, one of which we determine has merit, whether the Judge of Compensation Claims (JCC) erred in awarding the employer/carrier (E/C) credit for an alleged overpayment of impairment benefits. Based on the E/C's failure to properly raise the issue of appellant's impairment rating or the credit or an award of credit prior to the hearing before the JCC, we reverse the award of credit regarding the temporary total disability...

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