HOUCK v. LEE COUNTY BD. OF COUNTY COM'RS

No. 1D08-0728.

995 So.2d 1102 (2008)

Merlin HOUCK, Appellant, v. LEE COUNTY BOARD OF COUNTY COMMISSIONERS and Gallagher Bassett Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

November 26, 2008.


Attorney(s) appearing for the Case

Cory J. Pollack, Fort Myers, and Bill McCabe, Longwood, for Appellant.

Michael F. Tew of Law Offices of Michael F. Tew, P.L., Fort Myers, for Appellees.


THOMAS, J.

Claimant challenges the order of the Judge of Compensation Claims (JCC) denying permanent total disability benefits on the basis that his voluntary retirement from the work force prior to the date of maximum medical improvement prevented an award of such benefits. Because the JCC applied an incorrect legal standard in determining the appropriateness of the award, we reverse.

Claimant injured his left knee on April 21, 1995, in the course and scope...

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