DIXIE COUNTY SCHOOL BOARD AND MORRISON ASSURANCE COMPANY, INC., APPELLANTS,
v.
LELA STINSON, APPELLEE
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The court affirmed the finding of a compensable industrial accident but reversed the award of temporary total disability benefits because the claimant returned to full-time work for nine months after the accident, during which she was not entitled to such benefits.
A claimant is not entitled to temporary total disability benefits during periods when she returned to work and received full wages.
[1] A claimant is not entitled to temporary total disability benefits during any period in which the claimant returned to work and received full wages.
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Join FLexlaw to unlock all legal intelligenceLela Stinson sustained an industrial accident while employed by Dixie County School Board. She returned to full-time work two months after the acciden…
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SHIVERS, Judge.
Employer/carrier appeal a workers’ compensation order finding claimant sustained a compensable industrial accident and awarding temporary total disability benefits from the date of the accident through the continuance of said class of disability. Although there is competent, substantial evidence to support the finding that the accident was compensable, the deputy commissioner erred in awarding temporary total disability benefits from the date of the accident through the continuance of temporary total disability because the claimant returned to work full time for nine months subsequent to the accident. Food Fair Stores v. Hesser, IRC Order 2-3159 (1977). A claimant is not entitled to temporary total disability benefits during the time period in which he or she returned to work and received full wages. Brevard County Board of Commissioners v. Brubaker, 9 FCR 104 (1974); cert. denied, 312 So. 2d 760 (Fla.1975); Kent’s IGA Grocery v. Hutcherson, 8 FCR 42 (1973). Here, the claimant testified that she returned to work full time for the employer, two months after the accident and continued to work for nine consecutive months. A finding of temporary total disability from the date of the accident through the continuance of said class of disability is, therefore, not supported by competent, substantial evidence.
Accordingly, the order is affirmed in part and reversed and remanded for more adequate findings of fact with regard to claimant’s entitlement to temporary total disability benefits.
SHAW and THOMPSON, JJ., concur.
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H.G. Boddiford Painting Contractors, Inc. v. Boddiford, 426 So. 2d 1243 (Fla. 1st DCA 1983)…ing and performing some type of work. See Blot-ney (claimant working full-time in non-sheltered employment); McDonnell Douglas v. Holliday, 397 So. 2d 366 (Fla. 1st DCA 1981) (claimant working as a baby sitter); Dixie County School Board v. Stinson, 393 So. 2d 661 (Fla. 1st DCA 1981) (claimant returned to work as a teacher); Burger King Corporation v. Stark, 401 So. 2d 1173 (Fla. 1st DCA 1981) (claimant working for a real estate company). Because the claimant in the present case continued to receive monthly p…
Authorities Cited
- Tropical Sandwiches, Inc. v. Wilfredo de la Rosa, 312 So. 2d 760 (Fla. 1975)
- Russell's Fruit Juice Co., Inc. v. Hernandez, 312 So. 2d 760 (Fla. 1975)