CITRUS COUNTY HUMAN SERVICES AND MISSION INSURANCE COMPANY, APPELLANTS,
v.
CATHERINE CROSS, APPELLEE
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The court held that while the claimant suffered a compensable injury, the deputy commissioner erred by failing to rule on the employer/carrier's notice defense and by awarding temporary total disability benefits without sufficient medical evidence or proof of a work search.
Claimant Cross was awarded temporary total disability (TTD) benefits by a deputy commissioner. The employer/carrier (E/C) appealed, arguing the deputy…
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McCORD, GUYTE P., Jr. (Ret.), Associate Judge.
Citrus County Human Services and Mission Insurance Company (E/C) appeal from an order of the deputy commissioner finding that claimant Cross had suffered a compensable injury to her back and was entitled to TTD benefits from 12 June 1984 to 14 February 1985. We affirm in part, reverse in part and remand with directions.
Upon examination of the record on appeal, we find that competent, substantial evidence supports the deputy’s finding that Cross suffered a compensable injury under the “prolonged exposure” theory as set forth in Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980). However, the deputy failed to specifically rule on the E/C’s notice defense. Therefore, we reverse the order appealed from and remand for a ruling on that defense. Certified Grocers v. Hagen, 457 So. 2d 576 (Fla. 1st DCA 1984).
The deputy also erred in his award of TTD benefits for the period stated in the order. An award of TTD benefits may ordinarily be made only when there is medical evidence of a claimant’s inability to work or, absent such evidence, a good faith work search. Citrus Central, Inc. v. Gardner, 466 So. 2d 369 (Fla. 1st DCA 1985); Tropicana Products, Inc. v. Andrews, 461 So. 2d 998 (Fla. 1st DCA 1984). Cross concedes that she made no work search, but contends that the award is justified by medical testimony that she could not work. This contention is not supported by the record, which indicates that she was released to work by her treating physician on 12 June 1984. Medical testimony at the hearing indicated only that she could not continue performing her usual work. There was no testimony that she could not work at all. Therefore, because Cross made no work search and no medical testimony supports an inability to work, the award of TTD for the period set forth in the order was erroneous.
Affirmed in part, reversed in part and remanded.
ERVIN and WIGGINTON, JJ., concur.
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Area Elec. Serv., Inc. v. Cunningham, 538 So. 2d 471 (Fla. 1st DCA 1989)…here there is medical evidence of a claimant’s inability to work or, alternatively, evidence of a good faith work search. Southern Bell Telephone & Telegraph Co. v. Williams, 512 So. 2d 243 (Fla. 1st DCA 1987); Citrus County Human Services v. Cross, 485 So. 2d 874 (Fla. 1st DCA 1986). The medical evidence presented in this case established only that the claimant was told by his treating physician (Dr. Penner) not to work between the dates of February 20, 1987 and March 2, 1987, and that an independent examini…
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Holiday Foliage & Crawford & Co., Inc. v. Anderson, 642 So. 2d 94 (Fla. 1st DCA 1994)…sability benefits may be shown by medical testimony that a claimant is unable to work, or by evidence of a good faith, albeit unsuccessful, work search. State v. Vice, 601 So. 2d 1294, 1295 (Fla. 1st DCA 1992); Citrus County Human Services v. Cross, 485 So. 2d 874, 875 (Fla. 1st DCA 1986); Citrus Central, Inc. v. Gardner, 466 So. 2d 369, 371 (Fla. 1st DCA 1985). In those cases where a work search is indicated, temporary total disability benefits cannot be denied for failure to search for work where the eviden…
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S. Bell Tel. & Tel. Co. v. Williams, 512 So. 2d 243 (Fla. 1st DCA 1987)…tion), he found Williams PTD as of MMI. An award of TTD benefits may ordinarily be made only when there is medical evidence of a claimant’s inability to work or, absent such evidence, a good faith work search. Citrus County Human Services v. Cross, 485 So. 2d 874 (Fla. 1st DCA 1986). In this case, there was absolutely no medical evidence of inability to work for the period between Williams’ release on 10 January 1984 without impairment or restrictions and Dr. Renn’s opinion of 16 October 1984 that she was un…
Authorities Cited
- Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980)
- Citrus Cent., Inc. v. Gardner, 466 So. 2d 369 (Fla. 1st DCA 1985)
- Clark v. L.L. Wainwright, 461 So. 2d 998 (Fla. 1st DCA 1984)
- Certified Grocers & Corporate Grp. Serv., Inc. v. Hagen, 457 So. 2d 576 (Fla. 1st DCA 1984)