AMERICAN HOSPITAL SUPPLY, DADE DIVISION AND AMERICAN MOTORISTS INSURANCE COMPANY, APPELLANTS,
v.
TIMOTHY MCCARTY AND THE DIVISION OF WORKERS' COMPENSATION, APPELLEES
AMERICAN HOSPITAL SUPPLY, DADE DIVISION AND AMERICAN MOTORISTS INSURANCE COMPANY, APPELLANTS,
TIMOTHY MCCARTY AND THE DIVISION OF WORKERS' COMPENSATION, APPELLEES
416 So. 2d 1182
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 1 case
Opinion of the Court
MILLS, Judge.
The employer/carrier appeal a compensation order awarding temporary total disability (TTD) and reserving jurisdiction over attorney’s fees. We reverse.
The reports of Dr. Averbuch are not competent substantial evidence to support the award. There being no other medical evidence of temporary total disability, and no work search having been conducted, the award of TTD is not supported by the record. The cause is remanded for further proceedings based on the existing record.
McCORD and SHIVERS, JJ., concur.
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Horton v. Martin Mem'l Hosp. & Sedgwick James, 610 So. 2d 1352 (Fla. 1st DCA 1992)…emporary and future compensation benefits, to recoup for the employer and carrier compensation payments which might and should have been reduced in the past but were not. 383 So. 2d at 958, 959 (emphasis added). See also Olan Mills Studios v. Cash, 416 So. 2d 1182 (Fla. 1st DCA 1982); Carballo v. Warren Mfg. Co. 407 So. 2d 603 (Fla. 1st DCA 1981), rev. denied, 415 So. 2d 1362 (Fla.1982). In Burley v. Santa Fe Community College, 393 So. 2d 1185 (Fla. 1st DCA 1981), we held that a deputy commissioner erred in f…