MARTIN-MARIETTA CORPORATION AND HOME INSURANCE COMPANY, APPELLANTS,
v.
MONSERRATHE VARGAS, APPELLEE

Fla. 1st DCA | 1985-07-10
No. BC-379
WENTWORTH and ZEHMER, JJ., concur.
472 So. 2d 833 Florida District Court of Appeal, First District (1985) Caution
Cited by 13 cases


Opinion of the Court
NIMMONS, Judge.

NIMMONS, Judge.

The employer and carrier (E/C) appeal from an order awarding permanent total disability benefits. We reverse and remand.

Although the claimant had reached maximum medical improvement with respect to her orthopedic injuries, the record is clear, and it is undisputed, that she has not yet reached maximum medical improvement from her accident-related psychiatric disorder. We have held that where a claimant has both orthopedic and psychiatric injuries, permanent disability benefits cannot be awarded prior to the claimant reaching maximum medical improvement from both disorders. Fuchs Baking Co. v. Estate of Szlosek, 466 So. 2d 415, 418 (Fla. 1st DCA 1985); Southern Bell Telephone & Telegraph Co. v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980); South Carolina Ins. Co. v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980).

Accordingly, the deputy’s order is reversed and remanded for further proceedings at which the claimant shall be permitted to amend her claim to include temporary benefits, and additional evidence may be presented by the parties.

Reversed and Remanded.

WENTWORTH and ZEHMER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • John Barley Mem'l & Aetna Life & Cas. Co. v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989)
    …chiatric injuries, permanent disability benefits cannot be awarded prior to claimant reaching maximum medical improvement from both disorders. E.g. Anning-Johnson v. Pearce, 510 So. 2d 1041 (Fla. 1st DCA 1987); Martin-Marietta Corporation v. Vargas, 472 So. 2d 833 (Fla. 1st DCA 1985). We distinguish that line of cases on the basis of the significant fact that the record in this case clearly shows that claimant was PTD based upon her physical injury alone. Also, the appealed order clearly shows that the judge’…
  • Honeycutt v. Boswell Voyle Appliances, 522 So. 2d 937 (Fla. 1st DCA 1988)
    …o. 2d 1336 (Fla. 1st DCA 1987), and in determining that claimant had reached MMI. Since permanent benefits may not be awarded until a claimant has reached MMI with regard to both physical and psychological injuries, Martin-Marietta Corp. v. Vargas, 472 So. 2d 833 (Fla. 1st DCA 1985), and since it is clear that the claimant had not yet reached psychological MMI, we find that the DC erred in focusing his determination solely on whether the claimant was entitled to wage loss benefits. We therefore reverse the d…

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