CITY OF TAMPA, APPELLANT,
v.
WILLIAM MIYARES, APPELLEE

Fla. 1st DCA | 1983-04-27
No. AK-195
ROBERT P. SMITH, Jr., C.J., and THOMPSON, J., concur.
430 So. 2d 540 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 4 cases

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Synopsis

The City of Tampa appeals an order awarding temporary total disability (TTD) benefits to police officer William Miyares after he reached maximum medical improvement (MMI). The court reverses, holding that TTD benefits cannot be awarded after MMI absent curative medical treatment.


Holding

The court reversed the award of TTD benefits following MMI. TTD benefits cannot be awarded after MMI except in cases involving recuperation following curative surgical procedures necessitated by the compensable injury. Here, absent curative medical treatment, the award was improper.


Headnotes

[1] A finding of maximum medical improvement (MMI) generally marks the end of temporary disability and the beginning of permanent disability.

[2] An award of temporary total disability (TTD) benefits after a finding of MMI and an award of permanent partial disability (PPD) benefits may be permissible in limited cir…

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Key Quotes

“Ordinarily, the date of MMI marks the end of temporary disability and the beginning of permanent disability.”

States the general legal principle governing when temporary disability benefits terminate.

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Facts & Procedural History

Miyares, a Tampa police officer, suffered lower back injuries in 1970 and 1973 from chair-related incidents. He was treated by multiple physicians who…

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Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

In this workers’ compensation case the self insured employer, the City of Tampa, appeals an order of the deputy commissioner awarding temporary total disability (TTD) to claimant, Miyares. The city contends that the deputy commissioner erred in awarding TTD benefits after the date of maximum medical improvement (MMI). We agree and reverse.

Miyares was employed by the City of Tampa Police Department. He injured his lower back in two separate incidents in 1970 and 1973. In the first incident a chair in which he was sitting broke, and in the other incident he fell backwards out of a chair in which he had been sitting. Since that time appellee has consistently complained of lower back pain, and he has been seen and treated by a variety of physicians over the years. The doctors’ reports show consistent diagnoses of chronic lumbosacral strain with some reports also indicating degenerative disc disease. Miyares was found to have reached MMI on June 25, 1975.

In 1981 Miyares was treated by Dr. Springstead. Dr. Springstead’s reports reflected the same findings as the previous doctors who had evaluated Miyares. It was Dr. Springstead’s stated opinion, however, that Miyares is, and will continue to be, TTD. Miyares petitioned for a modification of his workers’ compensation status and a hearing was held. The evidence presented by appellee in support of his petition consisted of Dr. Springstead’s reports and Mi-yares’ own testimony that his condition had worsened. No evidence to support an increased permanent disability rating was presented. The deputy commissioner ordered that Miyares be paid TTD benefits from May 1, 1981 and continuing.

Ordinarily, the date of MMI marks the end of temporary disability and the beginning of permanent disability. There are, however, two cases which uphold an award of TTD benefits subsequent to a determination of MMI. Smitty’s Coffee Shop v. Florida Industrial Commission, 86 So. 2d 268 (Fla.1956); Chapel v. Broward, 3 FOR 421 (1959). Both of these cases involved an award of TTD benefits for a period of recuperation following a curative surgical pro cedure which was necessitated by a compensable injury. The instant case is clearly distinguishable in that here there is no curative medical treatment which can justify an award of TTD benefits. The case sub judice, therefore, falls squarely within the general rule of Clyatt Memorial, Inc. v. Scott, 394 So. 2d 159 (Fla. 1st DCA 1981). The deputy commissioner erred in awarding TTD following the date of MMI.1

Accordingly, the order of the deputy commissioner dated January 29, 1982 is REVERSED.

ROBERT P. SMITH, Jr., C.J., and THOMPSON, J., concur. . This holding does not prejudice appellee’s right to seek permanent disability benefits should the facts so warrant.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …ave, indeed, stipulated to maximum medical improvement as of a date nearly a year before the first period in question. Under these circumstances, Ms. Melman is not entitled to temporary total disability benefits. See, e.g., City of Tampa v. Miyares, 430 So. 2d 540, 540-41 (Fla. 1st DCA 1983); Clyatt Memorial, Inc. v. Scott, 394 So. 2d 159, 159 (Fla. 1st DCA 1981). REVERSED. BENTON, VAN NORTWICK and PADOVANO, JJ., concur.…
  • Avery v. City OF Coral Gables & Johns E., 100 So. 3d 749 (Fla. 1st DCA 2012)
    …ve condition and alleviate pain as period of recuperation); cf. Orange County Sch. Bd. v. Melman, 721 So. 2d 1183, 1184 (Fla. 1st DCA 1998) (stating claimant’s palliative treatment did not constitute recuperation); see also City of Tampa v. Miyares, 430 So. 2d 540, 541 (Fla. 1st DCA 1983) (recognizing curative medical treatment as recuperation). Thus, there is legal support for the proposition that a claimant who has reached MMI can have a period of recuperation thereafter. A claimant who has reached MMI, ho…

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