History
  • No items yet
midpage
Hohenstein v. Jim Wilson Constr. Co.
451 So. 2d 964
| Fla. Dist. Ct. App. | 1984
|
Check Treatment
451 So. 2d 964 (1984)

Daniel P. HOHENSTEIN, Appellant,
v.
JIM WILSON CONSTRUCTION COMPANY and Insurance Company of North America, Appellees.

No. AU-332.

District Court of Appeal of Florida, First District.

June 12, 1984.

*965 Edward H. Hurt of Hurt & Parrish, P.A., and Bill McCabe of Shepherd, McCabe & Cooley, Orlando, for appellant.

F. Bradley Hassell of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellees.

MILLS, Judge.

The deputy commissioner erred in finding that she made a mistake of fact in her prior order awarding temporary total disability benefits. In order to support a modification on the ground of mistake of fact, a mistake must be shown on the part of the deputy commissioner, not on the part of the witnesses. Sauder v. Coast Cities Coaches, Inc., 156 So. 2d 162 (Fla. 1963).

We affirm the order appealed, however, because there was competent substantial evidence to support the findings that Hohenstein had reached maximum medical improvement and that he was no longer entitled to receive temporary total disability benefits.

AFFIRMED.

SHIVERS and WIGGINTON, JJ., concur.

Case Details

Case Name: Hohenstein v. Jim Wilson Constr. Co.
Court Name: District Court of Appeal of Florida
Date Published: Jun 12, 1984
Citation: 451 So. 2d 964
Docket Number: AU-332
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.