KRISPY KREME DOUGHNUT COMPANY AND GALLAGHER BASSETT INSURANCE SERVICE, APPELLANTS,
v.
LELAND W. PIPKINS, APPELLEE
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The court held that an award of permanent partial disability benefits based on loss of wage earning capacity requires a finding of permanent anatomical impairment.
The employer/carrier appealed a workers' compensation order awarding permanent partial disability benefits. The order was based on loss of wage earnin…
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PER CURIAM.
The employer/carrier appeal a workers’ compensation order awarding permanent partial disability benefits based on loss of wage earning capacity. We agree with appellant’s contention that the order must be reversed because there is no finding of permanent anatomical impairment which is a prerequisite to an award based on wage earning capacity loss. Agrico Chemical Company v. Laws, 384 So. 2d 722 (Fla. 1st DCA 1980). This requirement is not altered by the rule in Tropicana Pools Inc. v. Truex, 287 So. 2d 71 (Fla.1973), that a deputy commissioner may assign a permanent impairment rating based on the testimony of the claimant, despite contradictory testimony by the treating physician.1
REVERSED AND REMANDED, to the deputy commissioner for further findings as directed by this opinion. ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur. . A statutory change, Section 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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Entenmann's Bakery & the Hartford Ins. Co. v. Smith, 620 So. 2d 1049 (Fla. 1st DCA 1993)…hedule adopted in accordance with subparagraph (a)3., may be entitled to wage-loss benefits under this subsection. (Emphasis added.) See C.A. Carroll Constr. Co. v. Long, 397 So. 2d 751, 753 (Fla. 1st DCA1981); Krispy Kreme Doughnut Co. v. Pipkins, 389 So. 2d 1243 (Fla. 1st DCA1980); Agrico Chemical Co. v. Laws, 384 So. 2d 722 (Fla. 1st DCA1980) (reversing award for loss of wage-earning capacity, absent any finding in the order that the claimant sustained “any permanent anatomical impairment”). Having conside…
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State v. McCALL, 406 So. 2d 1288 (Fla. 1st DCA 1981)…s no medical testimony that claimant sustained an anatomical impairment and no finding 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 b…
Authorities Cited
- Agrico Chem. Co. & Underwriters Adjusting Co. v. Garlie Lincoln Laws, 384 So. 2d 722 (Fla. 1st DCA 1980)
- Tropicana Pools, Inc. v. Harry L. Truex & the Indus. Relations Comm'n of the Fla. Dep't of Commerce, 287 So. 2d 71 (Fla. 1973)
- Colonial & Semoran Shell Serv. & Am. Home Grp. & N.H. Ins. Co. v. Vaughn Grissom, 389 So. 2d 1219 (Fla. 1st DCA 1980)