PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS; R. P. HEWITT & ASSOCIATES OF FLORIDA, INC., APPELLANTS,
v.
KEN JOMO, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The First District Court of Appeal reversed a workers' compensation order awarding temporary total disability benefits, holding that the Deputy Commissioner erred by assuming the claimant was entitled to such benefits as a matter of law rather than requiring the claimant to prove entitlement with competent substantial evidence.
The claimant was not entitled to temporary total disability benefits for the period in question because the claimant bore the burden of proving entitlement with competent substantial evidence, and nothing in the record demonstrated a basis for such an award.
[1] A claimant bears the burden of proving entitlement to temporary total disability benefits.
[2] An award of temporary total disability benefits must be supported by competent substantial evidence in the record.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The only basis we can discern for the award is the Deputy's erroneous belief that, as a matter of law, the claimant is entitled to temporary total disability benefits from the date the carrier ceased voluntarily paying said benefits to the date of maximum medical improvement. This is a mistaken concept.”
Establishes the core error—the Deputy Commissioner incorrectly applied the law as though the claimant had an automatic entitlement to benefits.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe claimant was injured on July 21, 1978, in a work-related accident causing a cervical injury. The parties stipulated to jurisdiction, the employer-…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Claim For Temporary Total Disability Benefits cases and more on FLexlaw
SHAW, Judge.
This is an appeal from an order wherein the Deputy Commissioner awarded temporary total disability benefits based solely upon the following stipulation:
The parties stipulated and the undersigned Deputy Commissioner approved the stipulations as follows: that the Deputy Commissioner has jurisdiction of the parties and the subject matter herein; that notice of accident and notice of hearing were properly and timely given; that venue properly lies in Pinellas County; that at all times material for the determination of the issues herein there existed between the respective parties an employer/employee relationship with workers’ compensation insurance coverage afforded by and through R. P. Hewitt & Associates of Florida, Inc.; that the claimant’s average weekly wage is $182.47 with an applicable compensation rate of $109.48; that on July 21,1978, the claimant was injured in an accident arising out of and in the course and scope of employment, sustaining a cervical injury causally related to that accident; that the accident caused the injuries complained of; that maximum medical improvement was achieved June 25, 1980; that temporary total disability payments were made timely until April 14, 1980; that no permanent partial disability payments have been accepted or paid; that none of the medical reports were received into evidence.
The Deputy Commissioner awarded temporary total disability benefits from April 15, 1980 to and including the date of maximum medical improvement, June 25, 1980. The only basis we can discern for the award is the Deputy’s erroneous belief that, as a matter of law, the claimant is entitled to temporary total disability benefits from the date the carrier ceased voluntarily paying said benefits to the date of maximum medical improvement. This is a mistaken concept. The burden of proof in this instance was upon the claimant to show his entitlement to benefits during the claimed period of disability. There being nothing in the record to demonstrate a basis for such an award, the Deputy’s order is not supported by competent substantial evidence.
The order is reversed, and the claim for temporary total disability benefits from April 15,1980 to June 25,1980, is dismissed.
SHIVERS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
R. P. Hewitt & Assocs. OF Fla., Inc. v. McKIMIE, 416 So. 2d 1230 (Fla. 1st DCA 1982)…the hospital for a condition unrelated to her industrial injury. Further, temporary total disability is payable only until the time the claimant is no longer entitled to that class of benefits. Pinellas County Board of County Commissioners v. Jomo, 394 So. 2d 214 (Fla. 1st DCA 1981). Accordingly, that portion of the order which awards temporary total disability benefits is vacated, and the cause is remanded to the deputy with instructions that he reconsider the award of temporary total disability in light o…