SUNLAND TRAINING CENTER AND DIVISION OF RISK MANAGEMENT, APPELLANTS/CROSS APPELLEE,
v.
STEPHENSON WOODS, APPELLEE/CROSS APPELLANT
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In this workers' compensation appeal, the court reversed and remanded a workers' compensation order regarding the date a worker with a compensable knee injury reached maximum medical improvement (MMI). The court found insufficient evidence to support the MMI date selected by the lower court and required reconsideration based on competent medical testimony.
The court held that the October 8, 1980 MMI date selected by the lower court was unsupported by the record because Dr. McLear did not identify a specific MMI date or perform any treatment changing the worker's status from healing to no further improvement anticipated. The court remanded for the deputy commissioner to select a supported MMI date (either August or September 1979) and ordered temporary disability benefits to end at MMI with permanent benefits to begin thereafter.
[1] Maximum medical improvement (MMI) is reached when no further improvement can reasonably be anticipated.
[2] A date for maximum medical improvement (MMI) must be supported by competent substantial evidence in the record.
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Join FLexlaw to unlock all legal intelligence“Nothing was done by McLear that can be identified as changing the status of Woods from "healing" to "no further improvement reasonably anticipated."”
Establishes that the examining physician's conduct must affirmatively establish MMI, not merely suggest treatment might help
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Join FLexlaw to unlock all legal intelligenceStephenson Woods suffered a compensable right knee injury in 1978 involving cartilage tears. Multiple surgeons treated him: Dr. Parr performed surgery…
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MILLS, Judge.
The employer appeals and the claimant cross appeals a workers’ compensation order which determined the date of maximum medical improvement (MMI), awarded temporary total disability (TTD) benefits through the date of the hearing and continuing, and awarded permanent partial disability (PPD) benefits. We reverse.
In separate compensable accidents in 1978, Woods injured his right knee. In April 1979, Dr. Parr surgically corrected tears in the cartilages of the knee. Parr placed MMI in August 1979 and discharged Woods.
Dr. Marsh treated Woods from October to December 1979. He placed MMI before October 1979. He released Woods for work with a 10% permanent impairment in November 1979.
In August 1980, a Veteran’s Administration physician prescribed a Lennox-Hill brace but the Veteran’s Administration would not provide the brace.
On 8 October 1980, Woods was examined by Dr. McLear. Dr. McLear felt that a Lennox-Hill brace would return Woods to full productivity. McLear would not specify a date for MMI because of potential surgery but thought Woods fully recovered from the former surgery. The order identified MMI as having been reached on 8 October 1980, the date of McLear’s examination.
Both parties challenge this date of MMI as not supported by the record. We agree.
Nothing was done by McLear that can be identified as changing the status of Woods from “healing” to “no further improvement reasonably anticipated.” McLear did not identify the date of MMI. The only medical testimony naming a date for MMI was that of Parr and Marsh identifying August or September 1979. The selection of either of these dates would have been supported by the record.
Woods argues on cross-appeal that the date of provision of a Lennox-Hill brace is the only date supported by the evidence.
Weighing the evidence is the prerogative of the trier of fact and not appellate courts, so we remand for the deputy to select a date of MMI based on the record.
The award of TTD after the date of MMI was error, Corral v. McCrory Corp., 228 So. 2d 900 (Fla.1969); Broward County v. Damore, 391 So. 2d 286 (Fla. 1st DCA 1980). After finding the date of MMI, the deputy commissioner shall award temporary disability benefits till the date of MMI and permanent benefits thereafter. REVERSED and REMANDED.
LARRY G. SMITH and SHAW, JJ., concur.
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Everwear Prods. Co. & Aetna Ins. Co. v. Holloway, 422 So. 2d 1020 (Fla. 1st DCA 1982)…this definition. Dr. Sprehe merely evaluated claimant’s condition on that date, he did not do anything that could be identified as changing her status from “healing” to “no further improvement reasonably anticipated.” See generally Sunland v. Woods, 413 So. 2d 161 (Fla. 1st DCA 1981). Dr. Sprehe’s express reason for assigning September 9, 1981, as the date of MMI was that he did not think claimant would seek psychiatric treatment. At no time did claimant receive treatment for a psychiatric condition. We reman…
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Parker v. Eaton Corp., 554 So. 2d 644 (Fla. 1st DCA 1989)…bout some degree of recovery, even if that treatment ultimately proves ineffective.1 Utley-James, Inc. v. Lady, 448 So. 2d 1191 (Fla. 1st DCA 1984); Corral v. McCrory Corporation, 228 So. 2d 900 (Fla.1969). See also Sunland Training Center v. Woods, 413 So. 2d 161 (Fla. 1st DCA 1982) (no basis for a finding of MMI where nothing was done by the physician which would change the claimant’s condition from “healing” to “no further improvement reasonably expected”); cf. Vista Properties of Vero v. Heumann, 516 So.…
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Lawhorn v. Mullins, 418 So. 2d 366 (Fla. 1st DCA 1982)…deputy did err. There is no competent substantial evidence in the record to support a finding that claimant’s status changed from “healing” to “no further improvement reasonably anticipated” on December 31, 1980. Sunland Training Center v. Woods, 413 So. 2d 161 (Fla. 1st DCA 1982). On the contrary, two physicians testified as to dates long before the one chosen by the deputy, while two other physicians testified that claimant had not yet reached MMI as of the date of the hearing on January 8, 1982. Interes…
Authorities Cited
- Corral v. McCRORY Corp., 228 So. 2d 900 (Fla. 1969)
- Broward Cnty. Bd. of Cnty. Comm'rs v. Damore, 391 So. 2d 286 (Fla. 1st DCA 1980)