SOUTH CAROLINA INSURANCE CO. AND ARTESIAN POOLS, APPELLANTS,
v.
JAMES BLACKMAN, APPELLEE

Fla. 1st DCA | 1980-03-10
No. QQ-191
ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.
380 So. 2d 1144 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 14 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer/carrier appeals, and the claimant cross-appeals, a worker’s compensation order which we affirm except as to the award of permanent disability benefits. While the claimant was found to have reached maximum medical improvement from an orthopedic standpoint, he was also awarded further remedial psychiatric care. An award of such continuing remedial care precludes as finding of total maximum medical improvement. Miami Aviation Corp. v. McAllister, IRC Order 2-2963 (May 7, 1976), cert. denied 345 So. 2d 424 (Fla.1977); Thompson v. Arnold Cellophane Corp., IRC Order 2-3029 (Sept. 2, 1976). Permanent disability benefits may not be commenced prior to the claimant’s maximum medical improvement from both the orthopedic and psychiatric disorders. McAllister, supra; Gardinier, Inc. v. Lamkin, IRC Order 2-3033 (Sept. 9, 1976).

Accordingly, the order appealed is affirmed in part and reversed in part, and remanded for further proceedings consistent herewith.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • …orthopedic injuries, permanent disability benefits cannot be awarded prior to the claimant reaching MMI from both disorders. Southern Bell Telephone & Telegraph Co. v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980); South Carolina Ins. Co. v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980). Therefore, we find that the award of TTD through November 17, 1983, is not inconsistent with the determination of prior psychiatric permanency. Third, appellants claim that there was no basis for the commissioner’s finding that…
  • S. Bell Tel. & Tel. Co. v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980)
    …claimant is permanently and totally disabled, it is improper to begin payment of permanent benefits without a determination of the date of total MMI. Thompson v. Arnold Cellophane Corp., IRC Order 2-3029 (1976); South Carolina Ins. Co. v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980). Accordingly, we remand on this point to allow a determination of the date of psychiatric MMI on this record. [*95] The order requires the employer to pay for medical treatment of claimant’s obesity which has been exacerbated by…
  • John Barley Mem'l & Aetna Life & Cas. Co. v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989)
    …hy, 521 So. 2d 365 (Fla. 1st DCA 1988); Southern Bell Telephone and Telegraph Company v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980); Honeycutt v. Boswell Voyle Appliances, 522 So. 2d 937 (Fla. 1st DCA 1988); South Carolina Insurance Co. v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980); City of Miami v. Wright, 380 So. 2d 555 (Fla. 1st DCA 1980); Fuchs Baking Company v. Estate of Szlosek, 466 So. 2d 415, 418 (Fla. 1st DCA 1985).…

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