CITY OF MIAMI, APPELLANT,
v.
EDWARD WRIGHT, APPELLEE
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The City of Miami appealed a workers' compensation award to Edward Wright for 40% permanent partial disability based on loss of wage-earning capacity, challenging the finding of psychiatric impairment causally connected to his work-related knee injury. The court affirmed the causal connection between the knee injury and psychiatric treatment need, but reversed the permanent disability award because the claimant had not reached maximum medical improvement and was still receiving ongoing treatment.
The court affirmed that a causal connection between the knee injury and the need for psychiatric treatment was sufficiently established. However, because the claimant had not reached maximum medical improvement—evidenced by the ongoing need for psychiatric treatment with a reasonable expectation of improvement—the award of permanent benefits was erroneous and reversed for determination of temporary benefits.
[1] A causal connection between an industrial accident and the need for psychiatric treatment is sufficiently established when the accident is the precipitating factor for th…
[2] An award of permanent benefits is erroneous if the claimant has not reached maximum medical improvement, provided there is a need for further treatment with a reasonable…
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Join FLexlaw to unlock all legal intelligence“In the opinion of this court a causal connection between the knee injury and the need for psychiatric treatment was sufficiently established.”
The court's holding on the central issue of whether the industrial accident caused the psychiatric impairment
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Join FLexlaw to unlock all legal intelligenceWright, age 32 with a bachelor's degree in education, worked as a Miami police officer for ten years before resigning in November 1978. He suffered a …
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PER CURIAM.
The appellant, City of Miami, brings this appeal from a final workers’ compensation order entered June 22, 1979. The order awarded appellee, Edward Wright, compensation benefits for a 40% permanent partial disability of the body as a whole based on loss of wage earning capacity. The appellant was specifically ordered to provide appellee with further treatment “as the course of his injury requires, including, but not limited to psychiatric treatment.” Appellant asserts that the award is erroneous, because: the order is unsupported by sufficient factual findings (Point I); there is insufficient showing that the appellee tested his employability in the open labor market (Point II); and the deputy failed to find a causal connection between the industrial accident and any psychiatric impairment (Point III).
Appellee, age 32, has a bachelor’s degree in education. He worked as a City of Miami policeman for ten years before resigning November 1, 1978. Having previously suffered various work-related injuries, he suffered an industrial accident causing a knee injury on June 14, 1977.
In October, 1978, the treating orthopedic surgeon could not assign a permanent disability rating regarding appellee’s injury, since the knee was still actively symptomatic. However, the doctor estimated a light to moderate disability, and predicted the knee would either get better with an exercise program, or get worse, possibly requiring surgery. Based on an April, 1979 examination, a second orthopedic surgeon testified appellee had no ratable permanent physical impairment at present; however,' he opined that appellee could suffer further knee problems in the future. . The examining psychiatrist testified that the knee injury was probably the last precipitating factor that put appellee in a state of mind where psychologically he could no longer function as a policeman. He opined that appellee needed further psychiatric treatment, but could not say whether he had reached maximum medical improvement from a psychological viewpoint.
In the opinion of this court a causal connection between the knee injury and the need for psychiatric treatment was sufficiently established. Point 3 is accordingly affirmed.
Although the treating psychiatrist was reluctant to say whether or not the claimant had reached maximum medical improvement, the need for further psychiatric treatment is uncontroverted. So long as that need exists, with a reasonable expectation of improvement, the claimant has not reached maximum medical improvement and any award of permanent benefits is error. Miami Aviation Corp. v. McAllister, IRC Order 2-2963 (May 7, 1976), cert. denied, 345 So. 2d 424 (Fla.1977); Sanz v. Eden Roc Hotel, 140 So. 2d 104 (Fla.1962). Points 1 and 2 are reversed and the cause is remanded for a determination of temporary benefits due the claimant.
ERVIN, SHIVERS and SHAW, JJ., concur.
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Hall v. Dade Cnty. Sch. Bd. & Gallagher Bassett Ins. Serv., 492 So. 2d 768 (Fla. 1st DCA 1986)…nd Country Auto Body Shop, 447 So. 2d 403 (Fla. 1st DCA 1984). So long as a need for medical treatment exists and there is a reasonable expectation that further improvement is possible, then the claimant has not reached MMI. City of Miami v. Wright, 380 So. 2d 555 (Fla. 1st DCA), cert. denied, 388 So. 2d 1110 (Fla. 1980). [*770] We find that, in light of the statutory definition of MMI, Dr. Wander’s finding that claimant reached MMI on May 17, 1983, is inconsistent with his October 1983 medical report, in whi…
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City OF Winter Park & Iowa Nat'l Mut. Ins. Co. v. Bowen, 388 So. 2d 1376 (Fla. 1st DCA 1980)…total disability benefits from the date of the accident, without consideration of the date of maximum medical improvement. We agree this was error. See Saga Food Services, Inc. v. Piscopo, IRC Order 2-2934 (March 12, 1976); City of Miami v. Wright, 380 So. 2d 555 (Fla. 1st DCA 1980). Here there was evidence of curative treatment and an obvious period of recuperation during which the claimant was either totally or partially disabled. We therefore remand for the purpose of allowing the deputy commissioner to d…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sanz v. Eden ROC Hotel, 140 So. 2d 104 (Fla. 1962)