IVY SIMMONS, APPELLANT,
v.
TROPICANA PRODUCTS, INC., APPELLEE
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Claimant's appeal of denied temporary disability benefits for July and August 1983 is granted; the trial court erred in barring the claim as untimely when statutory notice provisions had not yet matured.
A workers' compensation claimant's disability claim is not ripe for adjudication at an earlier hearing merely because a medical bill claim was heard at that time, and such disability claims cannot be barred as untimely at a subsequent hearing when statutory notice and timetable requirements had not yet matured.
[1] A workers' compensation disability claim is not barred as untimely merely because a related medical bill claim was heard at an earlier hearing when statutory notice and t…
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Join FLexlaw to unlock all legal intelligenceClaimant was injured in a compensable accident on September 3, 1982. Medical bills were claimed and denied at a July 21, 1983 hearing, and disability …
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PER CURIAM.
In this workers’ compensation case, the claimant appeals the denial of certain past and future medical bills and the denial of a claim for temporary total disability for the month of July, 1983, and temporary partial disability for the month of August, 1983.
Claimant was injured in a compensable accident on September 3, 1982. The claim for various medical bills was heard on July 21, 1983. This claim was denied. A claim for temporary total disability for July and temporary partial disability for August was heard on November 22, 1983 and denied on the basis that the claim was ripe for adjudication at the July hearing and was subsequently barred. We affirm the denial of all the medical bills claimed. We reverse the denial of the temporary total disability for July and the temporary partial disability for August under the authority of Chisholm v. McCormick, 437 So. 2d 699 (Fla. 1st DCA 1983). Given the statutory timetables and notice provisions involved in pursuing a workers’ compensation claim, the disability claims for July and August were not ripe for the July hearing and should not have been barred at the subsequent November hearing. See Sections 440.20(2), 440.20(4), 440.185(10), Florida Statutes (1981), and Rule 8, Workers’ Compensation Rules of Procedure.
The order barring the disability benefits is reversed and the cause remanded for a determination on the merits of the claim for temporary total disability and temporary partial disability for the months of July and August, 1983.
BOOTH, SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tucker v. John Galt Ins. Agency Corp., 743 So. 2d 108 (Fla. 4th DCA 1999)…1997). 440.015, Fla. Stat. Under the normal course of a Chapter 440 proceeding, Tucker could not recover future workers’ compensation benefits until the end of the time period for which such payments were due. See Simmons v. Tropicana Prods., Inc., 457 So. 2d 581 (Fla. 1st DCA 1984) (holding that workers’ compensation disability claims for July and August were not ripe for a July hearing and therefore should not have been barred at a subsequent November hearing); § 440.20, Fla. Stat. (1997). This is in contr…
Authorities Cited
- Chisholm v. McCORMICK, 437 So. 2d 699 (Fla. 1st DCA 1983)