CLYATT MEMORIAL, INC. AND R. P. HEWITT & ASSOC'S OF FLORIDA, INC., APPELLANTS,
v.
HAVINA SCOTT, APPELLEE
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In this workers' compensation appeal, Clyatt Memorial and R.P. Hewitt challenged an award of temporary total disability (TTD) benefits for a claimant with a back injury, arguing that TTD could not be awarded after the Deputy Commissioner had already found the claimant reached maximum medical improvement (MMI). The appellate court agreed and reversed, holding that absent a period of recuperation from curative surgery or medical treatment, TTD benefits cannot be awarded after MMI has been established.
The court reversed the award of TTD benefits, holding that while a finding of MMI does not always preclude later TTD awards, it does preclude such awards unless they are for a period of recuperation following curative surgery or medical treatment necessitated by the compensable injury. Because no such curative treatment or surgery occurred, there was no proper basis for awarding TTD benefits after the established date of MMI.
[1] Temporary total disability benefits are generally not awardable after the date of maximum medical improvement.
[2] An award of temporary total disability benefits subsequent to maximum medical improvement may be permissible for a period of recuperation following a curative surgical pr…
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Join FLexlaw to unlock all legal intelligence“Ordinarily, MMI "marks the end of temporary disability and the beginning of permanent disability."”
Establishes the general legal principle that maximum medical improvement terminates the temporary disability period
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Join FLexlaw to unlock all legal intelligenceIn 1975, the claimant suffered a compensable back injury. The Deputy Commissioner found that maximum medical improvement was reached on November 22, 1…
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THOMPSON, Judge.
The appellants challenge a workers’ compensation Order, arguing that the Deputy Commissioner (“the Deputy”) erred by awarding the claimant temporary total disability (“TTD”) benefits. We agree and reverse.
In 1975, the claimant suffered a compensable back injury. The Deputy subsequently entered an Order, finding that maximum medical improvement (“MMI”) was reached on November 22, 1976, and ordering that the appellants provide the claimant with permanent partial disability (“PPD”) benefits. This Order was reversed by the Industrial Relations Commission, but the determination of MMI was neither appealed nor disturbed.
On remand, the Deputy entered a new Order, and the claimant filed a petition for modification, requesting TTD and PPD benefits. This petition was later withdrawn, but the claim for TTD benefits was maintained. After a hearing, the Deputy entered an Order, directing the appellants to provide the claimant with TTD benefits for the period from August 7, 1979 to September 10, 1979.
The appellants contend in part that since the Deputy had previously determined that the claimant had reached MMI on November 22,1976, she could not properly award the claimant additional TTD benefits. Ordinarily, MMI “marks the end of temporary disability and the beginning of permanent disability.” Corral v. McCrory Corp., 228 So. 2d 900, 903 (Fla.1969). We recognize that a finding of MMI (and an award of PPD benefits) does not always preclude a later award of TTD benefits. See, e. g., Smitty’s Coffee Shop v. Florida Industrial Com’n, 86 So. 2d 268 (Fla.1956); Chapel v. Broward, 3 FCR 421 (1959), cert. den., 112 So. 2d 923 (Fla. 3d DCA 1959). (Both decisions upheld awards of TTD benefits after findings of MMI and awards of PPD benefits had been made.) But unlike either Smitty’s Coffee Shop or Chapel, this case does not involve an award of TTD benefits for a period of recuperation following a curative surgical procedure that was necessitated by a compensable injury. Nor was there a period of TTD during or following curative medical treatment that was necessitated by a compensable injury. Thus, there was no basis for properly awarding TTD benefits after the date of MMI was determined, and accordingly, the Deputy’s Order is reversed.
ROBERT P. SMITH, Jr., J., and WOOD-IE A. LILES (Ret.) Associate Judge, concur.
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Emergency ONE, Inc. v. Kenith V. Williams, 431 So. 2d 251 (Fla. 1st DCA 1983)…opinion. . The circumstances in the present case present no necessity for consideration of when an award of temporary benefits, after final adjudication of MMI, may constitute a modification of the prior order. Cf., Clyatt Memorial, Inc. v. Scott, 394 So. 2d 159 (Fla. 1st DCA 1981). Neither does the present appeal involve inconsistent findings which cannot be reconciled by reference to the record. Cf., Department of Offender Rehabilitation v. Godwin, 394 So. 2d 1091 (Fla. 1st DCA 1981); and Dan’s Plumbing v…
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Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)…2d 875 (Fla. 1st DCA 1988); Old Cove Condo [*1135] v. Curry, 511 So. 2d 666 (Fla. 1st DCA 1987). Maximum medical improvement typically marks the end of temporary disability and the beginning of permanent disability. Clyatt Memorial, Inc. v. Scott, 394 So. 2d 159 (Fla. 1st DCA 1981). Temporary total disability is generally unavailable for periods after the date of MMI except as above noted upon changed condition. Coca-Cola Bottling Company v. Tunson, 534 So. 2d 910 (Fla. 1st DCA 1988); Department of Offender…
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Orange Cnty. Sch. Bd. & United Self-insured Servs. v. Melman, 721 So. 2d 1183 (Fla. 1st DCA 1998)…year before the first period in question. Under these circumstances, Ms. Melman is not entitled to temporary total disability benefits. See, e.g., City of Tampa v. Miyares, 430 So. 2d 540, 540-41 (Fla. 1st DCA 1983); Clyatt Memorial, Inc. v. Scott, 394 So. 2d 159, 159 (Fla. 1st DCA 1981). REVERSED. BENTON, VAN NORTWICK and PADOVANO, JJ., concur.…
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
- Corral v. McCRORY Corp., 228 So. 2d 900 (Fla. 1969)
- Smitty's Coffee Shop & Great Am. Indem. Co. v. Fla. Indus. Comm'n, 86 So. 2d 268 (Fla. 1956)
- Hernando Inv. Co. v. Kilpatrick, 112 So. 2d 923 (Fla. 2d DCA 1959)
- Sugerman v. Harlan Street and Leo Greenfield, 112 So. 2d 923 (Fla. 3d DCA 1959)