COLONIAL AND SEMORAN SHELL SERVICE AND AMERICAN HOME GROUP & NEW HAMPSHIRE INSURANCE COMPANY, APPELLANTS,
v.
VAUGHN GRISSOM, APPELLEE
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The court held that the workers' compensation order was erroneous because it lacked specific findings regarding permanent impairment or loss of wage earning capacity, and it exceeded the physician's impairment rating.
The Employer/Carrier appealed an order awarding 50 percent permanent partial disability. Medical testimony indicated 10-15 percent permanent physical …
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[*1220] MILLS, Chief Judge.
The Employer/Carrier appeals from a workers’ compensation order awarding 50 percent permanent partial disability. We reverse.
The relevant medical testimony was that the claimant had sustained between 10 and 15 percent permanent physical impairment of the body as a whole. Other evidence focused on a work search by claimant and his difficulties in obtaining émployment because of his compensable injury. In the order, the Judge of Industrial Claims did not state whether the award was based on a finding of a permanent impairment or of loss of wage earning capacity.
If the finding was based on permanent impairment, it is erroneous because Section 440.25(3)(b), Florida Statutes (1978), which was in effect at the time of this industrial accident, prohibits the Judge from making a finding of a degree of physical impairment that is greater than the greatest permanent impairment rating given by a physician. On the other hand, if the finding was based on loss of wage earning capacity, the order is defective because there was no finding that claimant sustained any permanent anatomical impairment. Agrico Chemical Company v. Laws, 384 So. 2d 722 (Fla. 1st DCA 1980). Thus, we must reverse and remand for entry of a proper order or for other proceedings consistent with this opinion.
Since the award on which attorneys fees are based must be reversed and remanded for further consideration, the attorneys fees provision must also be reversed and remanded for reconsideration.
REVERSED and REMANDED with directions.
McCORD and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Baird-Ray Datsun & Lynn Underwriting Co. v. Butler, 400 So. 2d 1038 (Fla. 1st DCA 1981)…l basis, Section 440.25(3)(b) controls completely, i. e., the deputy commissioner may not arrive at a higher disability rating than the highest impairment rating given by a physician at the hearing. See Colonial and Semoran Shell Service v. Grisson, 389 So. 2d 1219 (Fla. 1st DCA 1980). However, if permanent disability is arrived at by employing the wage-loss method, there is a threshold requirement that a permanent anatomical impairment be established. As to this threshold requirement, Section 440.-25(3)(b) ag…
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Krispy Kreme Doughnut Co. & Gallagher Bassett Ins. Serv. v. Pipkins, 389 So. 2d 1243 (Fla. 1st DCA 1980)…440.25(3)(b), Florida Statutes (1978), although not applicable in this case, prohibits a finding of physical impairment greater than the highest permanent impairment rating given by a physician. Colonial and Semoran Shell Service, et al. v. Grissom, 389 So. 2d 1219 (Fla. 1st DCA 1980).…
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State v. McCALL, 406 So. 2d 1288 (Fla. 1st DCA 1981)…ng of a permanent anatomical impairment, which is a prerequisite to a compensation award based upon wage-earning capacity loss. Krispy Kreme Doughnut Co. v. Pipkins, 389 So. 2d 1243 (Fla. 1st DCA 1980); Colonial and Semoran Shell Service v. Grissom, 389 So. 2d 1219 (Fla. 1st DCA 1980); Agrico Chemical v. Laws, 384 So. 2d 722 (Fla. 1st DCA 1980); Section 440.25(3)(b), Florida Statutes (1978). The award of hospital and medical bills incurred by claimant as a result of her hospitalization pursuant to Dr. Van Ore…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Agrico Chem. Co. & Underwriters Adjusting Co. v. Garlie Lincoln Laws, 384 So. 2d 722 (Fla. 1st DCA 1980)