PUBLIX SUPERMARKETS, INC. AND HARTFORD INSURANCE GROUP, APPELLANTS,
v.
TROY SIMPSON, APPELLEE
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The Florida District Court of Appeal reversed in part and affirmed in part a workers' compensation order awarding temporary total disability benefits, wage-loss benefits, and medical bills to Troy Simpson. The court found insufficient evidence to support awards for certain periods when the claimant was able to work or failed to conduct a good-faith job search.
The court reversed the award of temporary total disability benefits from October 12-23, 1982, and from March 1 through May 18, 1983, because the evidence showed the claimant was able to work during these periods. The court reversed the wage-loss award for May 18 through June 30, 1983, because there was no evidence of job search efforts during this time. The court affirmed the wage-loss award from July 1, 1983 through January 5, 1984, as there was competent evidence of good-faith work search. The court reversed the award of unproperly filed medical bills as the deputy commissioner found no good cause to excuse non-compliance with filing requirements.
[1] An award of temporary total disability benefits is not supported by evidence that the claimant was able to and did work during the period of the award.
[2] An award of temporary total disability benefits is not supported by evidence that the claimant was able to work and failed to perform a work search during the period of t…
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Join FLexlaw to unlock all legal intelligence“The only evidence in the record is that claimant could and did work during this time period.”
Supports reversal of temporary total disability benefits for October 12-23, 1982, establishing that actual ability to work precludes such benefits.
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Join FLexlaw to unlock all legal intelligenceTroy Simpson suffered a work injury on October 12, 1982. The workers' compensation judge awarded him temporary total disability benefits from October …
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PER CURIAM.
This cause is before us on appeal from a workers’ compensation order awarding temporary total disability benefits from October 12, 1982, up to and including May 18, 1983, wage-loss benefits from May 18, 1983, up to and including January 5, 1984, and certain medical bills.
The award of temporary total disability benefits from October 12, 1982, through October 23,1982, is reversed. The only evidence in the record is that claimant could and did work during this time period.
The award of temporary total disability benefits from March 1, 1983 (as stated by Dr. Struhl, “the end of February, beginning of March”), to May 18, 1983, is reversed. The only evidence in the record relevant to this time period is the testimony of Dr. Struhl that claimant was able to work “from the end of February, beginning of March,” and his testimony on cross-examination that claimant was able to work “probably around the beginning of March.”1 Claimant testified that he did not begin searching for work until July, 1983. It is uncontradicted in the record that claimant was 'able to work and failed to perform a work search for this time period. There is no evidence in the record to support an award of temporary total disability benefits for this time period, and such award was error. Claimant’s uncontradieted testimony is that he began looking for work in July, 1983. There is no evidence of any work search from May 18, 1983, through July 30, 1983. Therefore, the award of wage-loss benefits for May 18, 1983, through June 30, 1983, is reversed. The remainder of the wage-loss award, from July 1, 1983, through January 5, 1984, is affirmed, as there is competent, substantial evidence in the record of a good-faith work search for this time period.
Finally, the medical bills of Dr. Struhl and Dr. Herskowitz were not properly filed, as required by Section 440.13(1), Florida Statutes. While the deputy can excuse the filing of these bills for good cause, there is nothing in the record to support a finding of good cause. Neither the fact that a claim is being contested nor the failure to provide medical care provide good cause for excusal. Broward Industrial Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981). The award of these bills by the deputy commissioner was error and is therefore reversed.
Accordingly, the order below is affirmed in part and reversed in part.
NIMMONS and ZEHMER, JJ., and GUYTE P. McCORD, Jr. (Ret.), Associate Judge, concur. . While Dr. Struhl testified that he discharged claimant from his care on both March 28, 1983, and May 18, 1983 (obviously conflicting testimony), this is not evidence, no matter which date of discharge is accepted, of when claimant was first able to work or first released by his doctor to look for work (as opposed to discharge from the doctor’s care) the latter not being an issue in this case.
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Lovell Bros., Inc. v. Kittles, 518 So. 2d 319 (Fla. 1st DCA 1987)…reeman Decorating Co., 455 So. 2d 1097 (Fla. 1st DCA 1984); Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982). The peculiar facts of this case distinguish it from the application of the rule in Publix Supermarkets, Inc. v. Simpson, 478 So. 2d 844 (Fla. 1st DCA 1985). Appellants’ remaining points do not require reversal. The record contains competent substantial evidence, primarily the testimony of claimant’s neighbor and Dr. Jones in addition to that of claimant himself, all of which the de…
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Suncrete Corp. & Se. Fire Ins. Co. v. Schofield, 490 So. 2d 990 (Fla. 1st DCA 1986)…D benefits, during this time period, since such an award is improper during those times a claimant demonstrates a partial ability to work. Valencia Community College v. Elder, 461 So. 2d 204 (Fla. 1st DCA 1984); Publix Supermarkets, Inc. v. Simpson, 478 So. 2d 844 (Fla. 1st DCA 1985); Southern Bell Telephone and Telegraph Company v. Albritton, 464 So. 2d 219 (Fla. 1st DCA 1985). Moreover, claimant likewise became disen-titled to TTD benefits on either July 20 or August 20, 1984 through October 1, 1984, depend…
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Charles J. Givens Org. v. Morris, 652 So. 2d 1240 (Fla. 1st DCA 1995)…1st DCA 1990).* From December 16, 1993, through December 31, 1993, Morris worked part time and appellant compensated him for his work. Accordingly, he was not entitled to TTD benefits for this period either. See Publix Supermarkets, Inc. v. Simpson, 478 So. 2d 844 (Fla. 1st DCA 1985). In addition, because Morris testified that he returned to work on February 22,1994, the JCC erred in awarding TTD benefits after that date. On remand, the JCC may consider Morris’ entitlement to temporary partial disability bene…
Authorities Cited
- Broward Indus. Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981)