MIRTA GROSECLOSE, v. OPTIMUM ONCOLOGY-COMPREHENSIVE CANCER CENTER/GALLAGHER BASSETT SERVICES, INC.
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MIRTA GROSECLOSE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-3912 OPTIMUM ONCOLOGYCOMPREHENSIVE CANCER CENTER/ GALLAGHER BASSETT SERVICES, INC., Appellees. _____________________________/ Opinion filed October 23, 2013. An appeal from an order of the Judge of Compensation Claims. Gerardo Castiello, Judge. Date of Accident: September 26, 2008. Bram J. Gechtman, Miami, Robert J. Fiore of Robert J. Fiore, P.A., Miami, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for Appellant. Eduardo E. Neret and Javier A. Finlay of the Law Offices of Eduardo E. Neret, P.A., Miami, for Appellees. PER CURIAM. In this workers compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying permanent total disability (PTD) benefits and associated penalties, interest, costs, and attorney s fees. Because neither the parties nor the JCC had the benefit of Westphal v. City of St. Petersburg/St. Petersburg Risk Management and State of Florida, 38 Fla. L. Weekly D2029 (Fla. 1st DCA Sept. 23, 2013), and the considerations therein thus were not addressed below, we reverse the order, and remand the case for further proceedings. See generally City of Pensacola v. Capital Realty Holding Co., 417 So. 2d 687, 688 (Fla. 1st DCA 1982) ( It is well settled that upon reversal and remand with general directions for further proceedings, a trial judge is vested with broad discretion in handling or directing the course of the cause thereafter. ). REVERSED and REMANDED. VAN NORTWICK, MARSTILLER, and RAY, JJ., CONCUR. 2
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