Jose Gomez–Lujano, Appellant, v. Palm Beach Grill–Houston's Restaurant and Travelers Insurance, Appellees.

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Jose Gomez–Lujano, Appellant, v. Palm Beach Grill–Houston's Restaurant and Travelers Insurance, Appellees.

CASE NO. 1D15–0670

Decided: January 19, 2017

Kimberly A. Hill of Kimberly A. Hill, P.L.L., Fort Lauderdale, for Appellant. Jerry M. Hayden and Willie B. Ramhofer of Vernis and Bowling, P.A., Miami, for Appellees.

The court having received the October 27, 2016, order of the Supreme Court of Florida quashing this court's opinion of November 19, 2015, and remanding the matter for reconsideration upon application of Westphal v. City of St. Petersburg, 194 So.3d 311 (Fla. 2016), and finding that reversal is warranted in light of that opinion, the order of the Judge of Compensation Claims is REVERSED and this case is REMANDED for proceedings consistent with that opinion. See also Jones v. Food Lion, Inc., 41 Fla. L. Weekly D2490, 202 So.3d 964 (Fla. 1st DCA 2016) (applying Westphal to section 440.15(4)(e), Florida Statutes). Additionally, we strike the following sentence from the order, as beyond the scope of issues before the Judge of Compensation Claims:  “I therefore conclude that no additional impairment benefits are owed to Claimant.” See Parodi v. Fla. Contracting Co., 16 So.3d 958, 961 (Fla. 1st DCA 2009) (holding that judge of compensation claims properly reserved jurisdiction on unmediated petitions for benefits).

PER CURIAM.

LEWIS, B.L. THOMAS, and ROWE, JJ., CONCUR.

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