DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY/DIVISION OF RISK MANAGEMENT, APPELLANT,
v.
MAUREEN MCGREW, APPELLEE
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The Florida District Court of Appeal reviewed a workers' compensation order in which a deputy awarded temporary total disability benefits to an employee with a back injury. The court affirmed the deputy's rulings on unauthorized physician charges and late medical reports but reversed the finding of temporary total disability based on psychological conditions, finding no competent substantial evidence supported that conclusion.
The court affirmed the deputy's rulings on unauthorized physician charges and late medical reports but reversed the finding of temporary total disability based on psychological conditions, holding there was insufficient competent substantial evidence to support such a finding. The case was remanded for reconsideration of the quantity and cause of any disability consistent with the opinion.
[1] A workers' compensation award for temporary total disability due to a psychological condition is not supported by competent substantial evidence when the claimant does no…
[2] An employer's failure to provide alternative care, after requesting it, may justify ordering payment for charges of an unauthorized physician.
Previewing 2 of 5 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 record does not contain evidence to support the deputy's conclusion that claimant is temporary totally disabled because of her psychological condition.”
Establishes the core holding that the deputy's finding lacked evidentiary support
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Join FLexlaw to unlock all legal intelligenceMaureen McGrew, a 37-year-old secretary, sustained a low back injury on April 30, 1982, while moving boxes during office relocation. She attempted to …
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BARFIELD, Judge.
The employer appeals the final workers’ compensation order and raises the following five issues: (1) Whether there is competent substantial evidence to support the deputy’s finding that claimant was temporary totally disabled because of a psychological condition; (2) whether the deputy erred in failing to address the issue of an intervening auto accident; (3) whether the deputy erred in ordering payment of the charges of an unauthorized physician on grounds that the employer failed to provide alternative care where requested; (4) whether the deputy erred in excusing the late filing of certain medical reports; and (5) whether the deputy erred in finding claimant’s work search adequate.
There is competent substantial evidence in the record to support the deputy’s findings as to issues 3 and 4 and the order on those matters is affirmed. However, this record does not contain competent substantial evidence to support the deputy’s finding that claimant was temporary totally disabled because of a psychological condition. Because we reverse on this issue, we must necessarily reverse on issues 2 and 5.
Claimant is a 37-year-old woman who was injured on April 30, 1982, while employed as a secretary for Deputy Commissioner Lawrence Langer. She injured her low back while moving boxes and furniture during a relocation of the deputy commissioners’ offices in West Palm Beach. She attempted to work approximately two weeks but was absent on several occasions because of the pain. She resigned at that point and has not worked since. Benefits were paid until March of 1983, when the self-insured employer controverted. Claimant sought temporary compensation benefits for March 3 through March 13, 1983, and March 24, 1983 to the time of hearing on February 17, 1984 and continuing. She also sought benefits for past and future medical care from Dr. Murdock, a chiropractor. The record does not contain evidence to support the deputy’s conclusion that claimant is temporary totally disabled because of her psychological condition. The claimant did not testify to any psychological problems and made no claims for psychological or psychiatric treatment. Of those physicians who examined and treated claimant, Dr. Sullivan found a psychological overlay to claimant’s condition but found it was not disabling. His testimony, however, was expressly rejected by the deputy. Dr. Murdock found claimant disabled but based that opinion solely on her physical symptoms. Dr. Reynolds did state claimant was anxious and depressed and that those conditions contributed to her pain, but we view this testimony to describe claimant as a fairly typical back injury patient in that regard. The record further indicates that Dr. Reynolds felt that claimant’s psychological problems were controlled by medication.
Since the deputy essentially held that physical problems of the auto accident were “overridden” by claimant’s psychological disability, he found the intervening car accident not a causative factor in her disability.
The deputy found much of claimant’s work search excused because she was temporary totally disabled. Because of our rejection of the deputy’s finding of psychological disability, this issue must also be reconsidered.
The decision of the deputy is AFFIRMED in part and REVERSED in part and REMANDED for reconsideration of quantity and cause for claimant’s disability, if any, consistent with this opinion.
MILLS and JO ANOS, JJ., concur.