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De la Cruz v Able Body Temporary Staffing

This March 6, 2012 1DCA opinion affirmed in part and reversed in part the JCC decision of Judge Sojourner.

In this case, the claimant filed several petitions for benefits after injuring his right knee and left wrist in a workplace fall.  Among other things, Claimant sought authorization for a total knee replacement and TPD benefits related to the wrist injury that the Employer/Carrier had accepted as compensable.  The 1DCA held that the  JCC correctly held that the workplace accident was not the major contributing cause of Claimant’s need for knee surgery, and therefore, denied all related claims. The 1DCA affirmed that portion of the order.

However, the 1DCA opined that the JCC did not rule on the TPD claim for the claimant's compensable wrist injury.  The 1DCA held that "Failure to rule on a fully tried issue is reversible error". To support their position, the 1 DCA cited the 1997 Betancourt v. Sears Roebuck & Co. Case. 

The 1DCA affirmed the Final Compensation Order in part and reversed it in part, and remanded it to the JCC to rule on Claimant’s TPD claim related to his wrist injury

click here to see the 1DCA opinion
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