CLING ELECTRIC, INC. AND OLD REPUBLIC INSURANCE CO., APPELLANTS,
v.
JAMES JONES, APPELLEE
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The court affirmed a worker's compensation award but reversed the temporary total disability awards for periods when the claimant was actually employed, holding that temporary total disability cannot be awarded when the claimant has returned to work.
Temporary total disability benefits cannot be awarded for periods during which the claimant was actually employed.
[1] Temporary total disability in worker's compensation cannot be awarded for periods when the claimant was actually employed, as such disability presupposes total inability…
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Join FLexlaw to unlock all legal intelligence“Temporary total disability is a healing period during which the claimant is totally disabled and unable to work, due to his injury.”
Court's definition of temporary total disability in worker's compensation law.
An injured worker was released to return to work on June 22, 1978, and subsequently worked for Allied Electric for four or five months, with medical c…
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PER CURIAM.
The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the award of temporary total disability from June 22, 1978, to August 22, 1978, and from December 12, 1978, to January 5, 1979. Temporary total disability is a healing period during which the claimant is totally disabled and unable to work, due to his injury. Concord Realty Corp. v. Romano, 159 Fla. 1, 30 So. 2d 495 (1947). The claimant in the present case testified on February 26, 1979, that he had been employed by “Florida Kennels” for at least four months, and that after being released to return to work on June 22, 1978, he was employed by “Allied Electric” for four or five months. This latter statement was corroborated by a medical report on August 7, 1978, which indicates that the claimant was employed on that date.
The claimant having worked during the periods for which temporary total disability benefits were awarded, such award was in error. Concord Realty, supra. Accordingly, the order is affirmed in part and reversed in part, and the cause remanded for further proceedings consistent with this opinion.
Application for Attorney’s Fees filed by attorney for appellee is granted; said attorney is hereby allowed a fee of two hundred and fifty dollars ($250.00) for services in this Court, said fee to be paid by appellants after final disposition of this cause.
LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
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Holiday Care Ctr. v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982)…2d 132 (Fla. 1st DCA 1982); Sanford Nursing & Convalescent Center v. Lowery, 405 So. 2d 280 (Fla. 1st DCA 1981); see also (applying pre-1979 law) Walter Glades Condominium v. Morris, 393 So. 2d 664 (Fla. 1st DCA 1981); Cling Electric, Inc. v. Jones, 376 So. 2d 481 (Fla. 1st DCA 1979). Thus the Court declared through Judge Shivers only recently: [I]t was improper to have awarded TTD benefits from the date of the accident until such time as claimant reaches MMI. An injured claimant can be less than totally dis…
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Walter Glades Condo. v. Petunia Morris, 393 So. 2d 664 (Fla. 1st DCA 1981)…as temporarily totally disabled from the date of her accident until May 1980. [*665] Temporary total disability is the healing period during which the claimant is totally disabled and unable to work, due to her injury. Cling Electric, Inc. v. Jones, 376 So. 2d 481 (Fla. 1st DCA 1979). The claimant has the burden of proving that she is temporarily totally disabled. See City of Miami Beach v. Schiffman, 144 So. 2d 799, 805 (Fla.1962). In this case, the claimant has failed to meet that burden. There must be com…
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Lehigh Corp. & U. S. Fid. & Guar. Co. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981)…June 27, 1980. As for the period of time from February 23 to March 17, 1980, the Deputy’s award of TTD benefits must be reversed. TTD is the healing period during which a claimant is unable to work, due to his injury. Cling Electric, Inc. v. Jones, 376 So. 2d 481 (Fla. 1st DCA 1979). During the time in question, the claimant did not work because his employment was terminated. Nothing in the record indicates that he was unable to work as a result of his injury. In fact, Dr. Kim had released the claimant to re…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Concord Realty Corp'n & Iowa Mut. Liab. Ins. Co. v. Romano, 159 Fla. 1 (Fla. 1947)