DEPARTMENT OF TRANSPORTATION, DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
CHARLIE E. FERRELL, APPELLEE
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A workers' compensation appeal challenging temporary total disability benefits awarded to a claimant for a work-related back strain. The court reversed the award because all medical evidence established the claimant had reached maximum medical improvement, and remanded for determination of the specific date of maximum improvement.
The court held that the evidence did not support a finding of continuing temporary total disability. All medical testimony established that the claimant had reached maximum medical improvement from the work injury, and no physician testified that any psychiatric condition was disabling or resulted from the accident. Therefore, the award of temporary total disability benefits was reversed and remanded to determine the precise date of maximum medical improvement.
[1] A claimant is not entitled to temporary total disability benefits when all medical testimony indicates that the claimant has reached maximum medical improvement from the…
[2] A potential psychiatric condition unrelated to a work-related accident, which has not been diagnosed as disabling by a physician, does not support an award of temporary t…
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Join FLexlaw to unlock all legal intelligence“According to all of the medical testimony, appellee had reached maximum medical improvement from his injury.”
Establishes the factual foundation contradicting the deputy commissioner's finding of continuing total disability
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Join FLexlaw to unlock all legal intelligenceAppellee suffered a work-related back strain on February 21, 1978. Two physicians, Dr. Freed and an orthopedic surgeon, examined him and each independ…
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McCORD, Judge.
Appellants, employer/carrier, appeal from a deputy commissioner’s order finding that appellee/claimant remains temporarily totally disabled and continues to be entitled to temporary total disability benefits. We reverse.
Appellee strained his back in a work-related accident on February 21, 1978. His treating physician, Dr. Freed, diagnosed a strain and was of the opinion that appellee reached maximum medical improvement by February 1979 with a 5% permanent partial impairment. An orthopedic surgeon who examined appellee on December 28, 1978, diagnosed a back strain and was of the opinion that appellee had reached maximum medical improvement by December 28 with a 5% permanent partial impairment. In February 1979, appellee suffered a substantial loss of vision because of a sudden onset of cataracts — a condition unrelated to his accident.
After the hearing, appellee deposed Dr. Freed again on February 26, 1980. In that deposition, Dr. Freed stated that he was concerned about appellee being in a depressed state. He stated that if appellee continued to show signs of depression, psychiatric advice might be of value. Dr. Freed did not testify that the possible psychiatric condition was disabling nor did he state that he had receded from his prior opinion as to the maximum medical improvement date. On the basis of Dr. Freed’s second deposition, the deputy commissioner concluded that appellee remains temporarily totally disabled and ordered benefits accordingly.
The evidence in the record does not support the deputy commissioner’s finding. According to all of the medical testimony, appellee had reached maximum medical improvement from his injury. No doctor testified that the possible psychiatric condition was disabling or resulted from the accident. Therefore, the award of temporary total disability benefits is reversed. Because of the conflict in the doctors’ testimony as to the actual maximum medical improvement date, the case is remanded to the deputy commissioner for a determination of that date and for further proceedings, if necessary, to fully dispose of appellee’s claim.
Reversed and remanded for entry of a new order consistent with this opinion.
LARRY G. SMITH, J., and LILES, WOODIE A., (Retired) Associate Judge, concur.
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Dep't of Transp. v. Ferrell, 414 So. 2d 657 (Fla. 1st DCA 1982)…tal disability (TTD) benefits due to his back injury. However, the award of TTD benefits was reversed since all the medical testimony indicated that the claimant had reached maximum medical improvement (MMI). Department of Transportation v. Ferrell, 393 So. 2d 627 (Fla. 1st DCA 1981). Due to the conflict in the medical testimony as to the actual date of MMI, the cause was remanded to the deputy. On remand the deputy found that claimant had reached MMI on December 28,1978 and that claimant was PTD based on a…