ALLIED PARCEL DELIVERY AND CNA INSURANCE COMPANY, APPELLANTS,
v.
RALPH DIXON, APPELLEE
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In this workers' compensation appeal, the Florida First District Court of Appeal affirmed an award of temporary total disability benefits and authorization for continued chiropractic treatment to an employee who suffered a back injury. The court rejected the employer and insurer's arguments that the deputy erred in crediting the treating chiropractor's testimony over conflicting opinions from other physicians and in allowing the medical benefits claim despite a prior stipulation.
The court affirmed the award of temporary total disability benefits and the authorization for Dr. Nadel to continue treatment. The deputy's crediting of Dr. Nadel's testimony was supported by his long history of treating Dixon, which provided a valid reason for accepting his opinion over the others. The deputy had authority to address medical benefits because Dixon's counsel stated at the hearing that medical benefits were being sought, and the employer/insurer acquiesced by failing to object before the order became final.
[1] A workers' compensation deputy's failure to state reasons for accepting one doctor's opinion over others is reversible error only when the reason for the finding is not a…
[2] A claimant's job search adequacy is irrelevant to a temporary total disability award when the claimant is found medically unable to engage in any physical activity or ret…
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Join FLexlaw to unlock all legal intelligence“Failure to state reasons for accepting one doctor's opinion over others is reversible error where the reason for the finding is not apparent from the record, or where it appears the deputy has overlooked or ignored evidence in the record.”
Establishes the legal standard for evaluating whether a deputy's failure to explain credibility determinations among conflicting medical testimony constitutes reversible error.
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Join FLexlaw to unlock all legal intelligenceDixon injured his back in an industrial accident on December 15, 1982, and had sustained previous work-related back injuries in 1980 and 1981. The emp…
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MILLS, Judge.
Allied Parcel Delivery and CNA Insurance Company (E/C) appeal from a workers’ compensation order. The deputy awarded temporary total disability (TTD) benefits and found continuing authorization for chiropractic treatment. We affirm.
The claimant, Dixon, injured his back in an industrial accident on 15 December 1982. He had sustained previous on-the-job back injuries in 1980 and 1981.
The employer immediately authorized treatment by Dr. Nadel, a chiropractor who had treated Dixon following the 1981 back injury. Dr. Nadel treated Dixon on 15 December 1982 and 12 times thereafter. On 15 January 1983, the carrier unilaterally deauthorized Dr. Nadel. Dr. Nadel examined Dixon again on 21 September 1983.
Beginning on 19 January 1983, Dixon was examined and treated by Dr. Wilson, an orthopedic surgeon. Dr. Hall, another orthopedic surgeon, also examined Dixon.
The order appealed resulted from Dixon’s controverted claim for, among other things, temporary disability benefits. Pri-or to a hearing, the parties stipulated there was no medical treatment claimed.
At the hearing, Dr. Nadel testified Dixon had not reached maximum medical improvement and could not do any type of work. He diagnosed subluxation of the spine together with lumbar and nerve root compression. In Nadel’s opinion, Dixon needed further chiropractic care.
In contrast, neither Dr. Wilson nor Dr. Hall thought Dixon disabled. They placed no restrictions on him.
The deputy found Dixon TTD based on Dr. Nadel’s testimony. He found Dixon “medically unable to engage in any type of physical activity or return to work.”
The deputy also found the carrier’s deau-thorization of Dr. Nadel invalid because initial authorization came from the employer. Thus, he concluded, Dr. Nadel remains authorized.
The deputy did not state in the order why he accepted Dr. Nadel’s opinions and rejected those of Doctors Wilson and Hall. But he did state in the order that Dixon had been referred to those physicians.
The E/C argue the deputy’s failure to state why he accepted Dr. Nadel’s opinions, rather than the opinions of Doc tors Wilson and Hall, is reversible error. Failure to state reasons for accepting one doctor’s opinion over others is reversible error where the reason for the finding is not apparent from the record, or where it appears the deputy has overlooked or ignored evidence in the record. Poorman v. Muncy & Bartle Painting, 433 So. 2d 1371 (Fla. 1st DCA 1983). But here, Dr. Nadel’s long history of treating Dixon is apparent from the record and a valid reason for accepting his testimony. The reference in the order to the fact Dixon saw Dr. Wilson and Dr. Hall indicates their testimony was not overlooked or ignored.
The E/C also argue Dr. Nadel’s testimony is not competent substantial evidence of TTD because of alleged inconsistencies in his testimony. Our review of the record shows Dr. Nadel’s testimony is, for the most part, consistent. It is competent and substantial.
As a final attack against the TTD award, the E/C challenge the adequacy of Dixon’s job search. The adequacy of a job search is irrelevant because the deputy found Dixon “medically unable to engage in any type of physical activity or return to work.” See, Apopka Greenhouse v. Scott, 417 So. 2d 1148 (Fla. 1st DCA 1982).
Because the parties stipulated no medical benefits were claimed, the E/C contend the deputy had no authority to find Dr. Nadel authorized to treat Dixon. Normally, a deputy has no authority to exceed the agreed scope of a hearing. Scott Smith Oldsmobile v. Hoffard, 415 So. 2d 886 (Fla. 1st DCA 1982).
In this case, however, the record indicates Dixon’s counsel stated at the beginning of the hearing that his client was seeking medical benefits. Counsel for the E/C did not object before the order became final. Thus, the E/C acquiesced in expanding the scope of the hearing to include a claim for medical benefits.
AFFIRMED.
JOANOS and BARFIELD, JJ., concur.
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Emory Curry v. Miami Dolphins, Ltd., 522 So. 2d 1010 (Fla. 1st DCA 1988)…opinion over others is error where (1) the reason for the finding in the order is [*1012] not apparent from the record, or (2) it appears that the deputy commissioner has overlooked or ignored evidence in the record. Allied Parcel Delivery v. Dixon, 466 So. 2d 439 (Fla. 1st DCA 1985); Nicholson v. Sammons Enterprises, Inc., 457 So. 2d 513 (Fla. 1st DCA 1984); Poorman v. Munsey & Bartle Painting, 433 So. 2d 1371 (Fla. 1st DCA 1983); and Rouse v. Wildwood Tropical Nursery, 392 So. 2d 370 (Fla. 1st DCA 1981). U…
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ATE Fixture FAB & St. Paul Fire & Marine Ins. Co. v. Wagner, 559 So. 2d 635 (Fla. 1st DCA 1990)…. Nevertheless, the JCC should [*638] give his reasons for such rejection where the reason for his finding is not apparent from the record, or it appears that the JCC has overlooked or ignored evidence in the record. Allied Parcel Delivery v. Dixon, 466 So. 2d 439 (Fla. 1st DCA 1985); and Poorman v. Muncey & Bartle Painting, 433 So. 2d 1371 (Fla. 1st DCA 1983). Although the JCC gave an explanation for accepting Dr. Gilliard’s testimony over that of Dr. Harman, it appears that the JCC overlooked or ignored th…
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Nickolls v. Univ. OF Fla. & Div. of Risk Mgmt., 606 So. 2d 410 (Fla. 1st DCA 1992)…ant’s need for it, but does not adequately explain why the services being provided were sufficient. In that this determination is not clear, and appears to have overlooked or ignored other evidence in the record, cf. Allied Parcel Delivery v. Dixon, 466 So. 2d 439 (Fla. 1st DCA 1985), I would remand the cause as to this issue as well for clarification. . I recognize that the employer’s burden has been lessened by the 1990 amendments to section 440.15(3)(b)(2), providing for the denial of benefits to an emplo…
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
- Poorman v. Muncy & Bartle Painting & Reliance Ins. Co., 433 So. 2d 1371 (Fla. 1st DCA 1983)
- Brewer v. Bible Christian Church, Inc., 415 So. 2d 886 (Fla. 1st DCA 1982)
- Allen v. Fla. Parole & Prob. Comm'n, 417 So. 2d 1148 (Fla. 1st DCA 1982)
- Apopka Greenhouse & Aetna Cas. & Sur. v. Scott, 417 So. 2d 1148 (Fla. 1st DCA 1982)