WILLARD KAUFMAN COMPANY, SELF INSURED SERVICES, APPELLANTS,
v.
CHARLES RAWLINGS, APPELLEE
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In this workers' compensation appeal, the Florida District Court of Appeal affirmed the deputy commissioner's award of benefits to an employee who suffered a compensable heart attack, but amended the order to clarify that temporary total disability benefits continue only until the claimant reaches maximum medical improvement or can return to work, whichever occurs first.
The court affirmed all aspects of the award. TTD benefits were properly awarded but amended to continue only until maximum medical improvement or return to work, whichever occurs first. Medical bills were properly awarded despite the lack of timely medical reports filed under Florida Statutes § 440.13(1) because the emergency circumstances justified excusing the filing requirement. Apportionment was properly denied because there was no evidence of a disabling pre-existing condition. Attorney's fees and costs were properly awarded.
[1] Temporary total disability benefits are payable until a claimant reaches maximum medical improvement or is able to return to work.
[2] A deputy commissioner may excuse the timely filing of medical reports for good cause, particularly in emergency treatment situations.
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 capacity to return to work is the critical issue in determination of TTD.”
Establishes the legal standard for determining temporary total disability—it is based on ability to work, not medical improvement status.
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Join FLexlaw to unlock all legal intelligenceCharles Rawlings suffered a heart attack that the deputy commissioner found to be compensable and work-related. The deputy commissioner awarded tempor…
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SHIVERS, Judge.
The employer/carrier raise five points for review in this workers’ compensation appeal. We affirm on all points. The deputy commissioner found that claimant suffered a compensable heart attack. The employer/earrier was ordered to pay: temporary total disability (TTD) benefits from the date of the accident until such time as claimant reaches maximum medical improvement (MMI); all medical bills incurred from the accident; taxable costs and a reasonable attorney’s fee.
There is substantial competent evidence supporting the finding that claimant’s heart attack was compensable.
Thus, the award of TTD benefits was proper.
However, as the employer/carrier has pointed out and claimant has conceded, it was improper to have awarded TTD benefits from the date of the accident until such time as claimant reaches MMI. An injured claimant can be less than totally disabled without having reached MMI. National Airlines v. Rowley, 9 F.C.R. 262 (1975). The capacity to return to work is the critical issue in determination of TTD.
Thus, although claimant was TTD at the time of the award, he may regain, at least partially, his ability to return to work before he reaches MMI.
Accordingly, we affirm the award of TTD benefits but amend the order to reflect that such benefits shall continue until claimant reaches MMI or is able to return to work. Fowler Harvesting v. Thompson, 394 So. 2d 1086 (Fla. 1st DCA 1981); Lake Highland Nursing Home v. Everett, 397 So. 2d 380 (Fla. 1st DCA 1981).
We also affirm the portion of the award requiring the employer/carrier to pay the medical bills of Florida Hospital and Dr. Robert Boswell, even though no timely medical reports were filed pursuant to Section 440.13(1), Florida Statutes. The deputy commissioner properly excused the filing requirements for good cause since, among other things, the treatment was rendered in an emergency situation. See Sunland Training Center v. Brown, 396 So. 2d 278 (Fla. 1st DCA 1981).
We note that claimant was seen by Dr. Boswell on two occasions after his discharge from the hospital. These visits do not fit within this emergency situation context.
However, we find that any error in excusing the filing requirements for these two bills was harmless. The employer/carrier has not demonstrated how it was prejudiced by the failure of Dr. Boswell to timely file medical reports for these visits, especially since it was the employer/carrier’s position from the outset that claimant’s heart attack was not compensable and no medical treatment would be authorized.
Apportionment was properly denied here since there was no medical evidence that claimant, in fact, had a pre-existing condition; and, even assuming that he did, there was no evidence that it was disabling prior to the compensable heart attack. See, Stephens v. Winn-Dixie Stores, Inc., 201 So. 2d 731 (Fla.1967). Finally, the award of costs and attorney’s fees is also sustained.
The order of the deputy commissioner is therefore AFFIRMED and AMENDED in accordance with this opinion.
ERVIN and WENTWORTH, JJ., concur.
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Cited By (13 total)
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Holiday Care Ctr. v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982)…. Accordingly, we affirm the award of TTD benefits but amend the order to reflect that such benefits shall continue until claimant reaches MMI or is able to return to work. (Citations omitted; emphasis in original.) Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982). But it does not necessarily follow from this worker’s recovery of physical ability to work that she also miraculously recovered, by virtue of the doctor’s pronouncement, an immediate ability to earn from work the same “salary,…
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Fuchs Baking Co. & Emp'r's Serv. Corp. v. Est. of Francis Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985)…not presumed, because [carrier] had the ability to obtain, if it wished, any material information concerning the employee’s condition.” Watson v. Freeman Decorating Co., 455 So. 2d 1097 (Fla. 1st DCA 1984). See also Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982); and Ranch House v. Jackson, IRC 2-3824, citing Foster v. Cooper, 143 Fla. 493, 197 So. 117 (1940), and Ringling Brothers v. Jones, 134 So. 2d 244 (Fla.1961).…
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Curtis v. Fla. Corr. Inst. & Div. of Risk Mgmt., 509 So. 2d 1192 (Fla. 1st DCA 1987)…the periods of claimant’s hospitalization for her depression were emergency care situations requires also that the claimant receive compensation for the payment of incurred medical expenses during these periods. See Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982). Lastly, the dc erred in denying authorization of Dr. Hynick. The record clearly shows this claimant’s long and frustrating history of pain and suffering, during which time the doctors authorized by the e/c did little or nothing…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clyde v. Stephens, 201 So. 2d 731 (Fla. 1967)
- DuBOISE v. Jefferson Stores, Inc., 397 So. 2d 380 (Fla. 4th DCA 1981)
- Fowler Harvesting & Fla. Farm Bureau Ins. Co. v. Thompson, 394 So. 2d 1086 (Fla. 1st DCA 1981)
- Algie Bradley v. State, 396 So. 2d 278 (Fla. 4th DCA 1981)
- Sunland Training Ctr. & Div. of Risk Mgmt. v. Sallie Mae Brown, 396 So. 2d 278 (Fla. 1st DCA 1981)