EARLENE BROWN, APPELLANT,
v.
SUNLAND TRAINING CENTER, DIVISION OF RISK MANAGEMENT, CRAWFORD AND COMPANY, AND THE BUREAU OF WORKMEN'S COMPENSATION, APPELLEES/CROSS-APPELLANTS
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 court affirmed a workers' compensation award of 27% permanent partial disability benefits but reversed and remanded because the deputy commissioner failed to determine the date of total maximum medical improvement before awarding permanent benefits.
A workers' compensation award of permanent partial disability benefits must be supported by a determination of the date upon which the claimant reached total maximum medical improvement.
[1] Permanent partial disability benefits in workers' compensation cases cannot be awarded without a prior determination of the date upon which the claimant reached total max…
Previewing 1 of 1 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“It is improper to begin payment of permanent benefits without a determination of the date of total maximum medical improvement.”
The court explained the procedural requirement that must be satisfied before permanent benefits can be awarded.
Earlene Brown suffered partial hearing loss and orthopedic and psychiatric injuries from two compensable workplace accidents and was awarded 27% perma…
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 Permanent Partial Disability Benefits cases and more on FLexlaw
PER CURIAM.
Claimant appeals and the employer/carrier cross-appeal from a workers’ compensation order awarding claimant 27% permanent partial disability benefits of the body as a whole due to her partial loss of hearing and orthopedic and psychiatric problems resulting from the two compensable accidents. Although there is competent, substantial evidence to support the award of permanent partial disability benefits, the deputy commissioner erred in failing to determine the date upon which claimant reached total maximum medical improvement as a result of the two accidents. It is improper to begin payment of permanent benefits without a determination of the date of total maximum medical improvement. Southern Bell Telephone & Telegraph Company v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980); South Carolina Insurance Company v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980). Therefore, we remand on this point to allow a determination of the date upon which claimant reached total maximum medical improvement for her overall disability on this record.
All other points on appeal and cross-appeal are affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.
ON MOTION FOR REHEARING AND/OR CLARIFICATION
PER CURIAM,
Appellant’s petition for rehearing and/or clarification is granted. We adhere to our opinion remanding the case to the deputy commissioner to allow a determination of the date upon which claimant reached overall maximum medical improvement for the permanent partial disability caused by the two industrial accidents. However, the deputy commissioner may take further evidence as may be absolutely necessary for the limited purpose of determining the date of total maximum medical improvement.
BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sunland Ctr. AT Miami & Crawford & Co. v. Earlene Brown, 438 So. 2d 476 (Fla. 1st DCA 1983)…determination, stating that the deputy might “take further evidence as may be absolutely necessary for the limited purpose of determining the date of total maximum medical improvement.” Brown v. Sunland Training Center, Division of Risk Management, 409 So. 2d 1080, 1080-1081 (Fla. 1st DCA 1982). At the hearing on remand, claimant again presented Dr. Stillman, who testified that claimant’s psychiatric impairment maximally improved by April 15, 1982— nearly two years, it will be noted, after the prior award o…
Authorities Cited
- S. Bell Tel. & Tel. Co. v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980)
- S.C. Ins. Co. & Artesian Pools v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980)