COMMERCIAL CARRIER CORPORATION, APPELLANT,
v.
KENNETH W. BENNETT, 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.
In this workers' compensation appeal, the court affirmed an award of medical benefits and attorney's fees to an injured worker but reversed the award of temporary total disability (TTD) benefits, holding that without medical evidence of inability to work, a claimant cannot recover TTD benefits merely by testifying he did not attempt to return to work.
Without medical evidence showing the claimant was unable to work due to his injuries, the claimant cannot establish entitlement to TTD benefits by merely testifying that he did not attempt to return to work because he did not feel able to do so. Medical evidence of incapacity is required to preclude a requirement that the claimant make a conscientious effort to return to work.
[1] An award of temporary total disability benefits requires medical evidence establishing that the claimant was unable to work due to injuries.
[2] A claimant is precluded from an award of temporary total disability benefits without making a conscientious effort to return to work.
Previewing 2 of 3 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“Since there was no medical evidence that claimant was unable to work during the period in question due to his injuries, the claimant is precluded from an award of TTD benefits without making a conscientious effort to return to work.”
Establishes the core holding that medical evidence is required to excuse a claimant from the duty to make effort to return to work
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClaimant suffered back and knee injuries in industrial accidents on February 7 and March 1, 1978. He was released to work on March 28, 1978 by treatin…
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 Temporary Total Disability Benefits cases and more on FLexlaw
PER CURIAM.
Appellant appeals a worker’s compensation order awarding claimant temporary total disability (TTD) benefits, further medical treatment, and attorney’s fees. We affirm the order except as to the award of TTD benefits.
Claimant injured his back and knee in two industrial accidents on February 7, 1978, and March 1, 1978. He came under the care of Drs. Kriz and Miller, who released claimant to work on March 28, 1978. Claimant did not see another physician until he saw Dr. Baker on September 21, 1978. Claimant also returned to work in September 1978.
During the period between his release to work on March 28, 1978, and his return to work in September 1978, claimant testified he was unable to work because of the pain of his injuries. Therefore, he did not try to work during this period.
Dr. Baker testified that as of September 21, 1978, he felt claimant was ready to return to work. However, he also stated he thought claimant had been working since his release to work in March 1978 by Drs. Kriz and Miller. There was no .medical testimony that claimant was unable to work during the period in question because of his injuries. The deputy apparently based the award of TTD benefits on claimant’s testimony that he was unable to work because of his injuries and Dr. Baker’s testimony that claimant was ready to return to work as of September 21, 1978. Since there was no medical evidence that claimant was unable to work during the period in question due to his injuries, the claimant is precluded from an award of TTD benefits without making a conscientious effort to return to work. Cardinal Industries, Inc. v. Dawkins, 392 So. 2d 368, (Fla. 1st DCA 1981). Also, in the absence of medical evidence showing that claimant is unable to work, he could not establish entitlement to TTD benefits merely by testifying that he did not make any effort to return to work because he did not feel able to. Walter Glades Condominium and Federal Insurance Co. v. Morris, 393 So. 2d 664, (Fla. 1st DCA 1981).
Therefore, we reverse the order as to the award of TTD benefits and remand with instructions to enter an order consistent with this opinion. On remand, the deputy shall take into consideration the reversal of the award of TTD benefits in determining the reasonableness of the attorney’s fee to be awarded the claimant.
McCORD and LARRY G. SMITH, JJ., and LILES, WOODIE A., Associate Judge (Ret.), concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Square G. Constr. Co. & U. S. Fid. & Guar. Co. v. Handsome Grace, 412 So. 2d 397 (Fla. 1st DCA 1982)…part and dissents in part with opinion. . The record indicates one prior back injury in 1977, known to employer, with full recovery and asymptomatic status for the year or so claimant worked for Square G. . See Commercial Carrier Corp. v. Bennett, 396 So. 2d 847 (Fla. 1st DCA 1981), citing Walter Glades Condominium v. Morris, 393 So. 2d 664 (Fla. 1st DCA 1981). Although the work search requirement in Exxon Co., U. S. A. v. Alexis, 370 So. 2d 1128 (Fla.1978), originally relating to assessment of permanent di…1 / 2
-
Fair-Way Rest. & Aetna Ins. Co. v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982)…nland Center v. Campbell, 417 So. 2d 1156 (Fla. 1st DCA 1982). McCORD and WENTWORTH, JJ., concur. . In Square G. Construction Company v. Grace, 412 So. 2d 397 (Fla. 1st DCA 1982), the court distinguished: Commercial Carrier Corporation v. Bennett, 396 So. 2d 847 (Fla. 1st DCA 1981), in which a claimant’s bare complaints were dismissed as insufficient to excuse lack of work effort, by the fact that it involved a six-month period after the claimant’s release for work, without evidence that he had sought eithe…
-
Daytona Linen Serv. & Mission Ins. Co. v. Cora M. Davis, 454 So. 2d 46 (Fla. 1st DCA 1984)…ing an order which appeared to award payment of an unclaimed medical bill). In all other respects, the order sub judice is affirmed. AFFIRMED in part, REVERSED in part. MILLS and WIGGINTON, JJ„ CONCUR. . E.g., Commercial Carrier Corp. v. Bennett, 396 So. 2d 847 (Fla. 1st DCA 1981); Walter Glades Condominium v. Morris, 393 So. 2d 664 (Fla. 1st DCA 1981). We note that many of the cases which deny TTD benefits in the absence of medical evidence showing an inability to work or a good faith work search involve…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walter Glades Condo. v. Petunia Morris, 393 So. 2d 664 (Fla. 1st DCA 1981)
- Cardinal Indus., Inc. v. Dawkins, 392 So. 2d 368 (Fla. 1st DCA 1981)