OLMO v. REHABCARE STARMED/SRS

No. 1D05-4393.

930 So.2d 789 (2006)

Elizabeth OLMO, Appellant, v. REHABCARE STARMED/SRS, Appellees.

District Court of Appeal of Florida, First District.

May 31, 2006.


Attorney(s) appearing for the Case

Donald J. Magee, Esquire of the Law Offices of Attridge, Cohen & Lucas, P.A., New Port Richey, for Appellant.

A. Dawn Hayes, Esquire of A. Dawn Hayes & Associates, P.A., Tampa, for Appellees.


BENTON, J.

Elizabeth Olmo appeals the denial of her petition for permanent total workers' compensation disability benefits. We agree with her contention that her claim for such benefits was not res judicata, reverse the order dismissing her claim on that basis, and remand for determination of the claim on the merits.

I.

The order under review addresses the interplay between two important principles. The first, designed to discourage "piecemeal...

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