MT. SINAI MEDICAL CENTER, APPELLANT,
v.
ROBERT JACOBS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Mt. Sinai Medical Center appealed a workers' compensation award to an injured employee, Robert Jacobs, challenging both the finding that his cervical spine injury was work-related and the award of temporary total disability (TTD) benefits. The court affirmed the causal connection between the injury and the industrial accident but reversed the TTD benefits award due to insufficient evidence of total disability.
The court affirmed the finding that the cervical condition is compensable and causally related to the industrial accident, but reversed the award of TTD benefits because the medical evidence indicated claimant was able to do light work and he failed to conduct a good faith job search or provide medical evidence of total inability to work.
[1] A claimant's cervical spine injury may be found causally related to an industrial accident.
[2] Temporary total disability benefits require medical evidence of a claimant's inability to work or, absent such evidence, a good faith work search.
Previewing 2 of 4 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“TTD benefits may be awarded only when there is medical evidence of a claimant's inability to work or, absent such evidence, a showing that claimant conducted a good faith work search.”
Establishes the legal standard for awarding temporary total disability benefits in workers' compensation cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClaimant was injured on April 13, 1981, and was released to light work approximately one year later. In September 1982, he underwent a cervical myelog…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Medical Evidence Of Inability To Work cases and more on FLexlaw
THOMPSON, Judge.
The self-insured employer appeals the deputy commissioner’s order finding claimant’s cervical spine injury to be causally related to his industrial accident, and awarding temporary total disability (TTD) benefits from August 20, 1983 and thereafter. We affirm the finding that the cervical condition is compensable, but reverse the award of TTD benefits.
Claimant was injured April 13, 1981, and he was released to return to light work approximately one year later. In September 1982 claimant underwent a cervical my-elogram because of his continuing complaints of neck pain. Surgery was discussed, but claimant preferred to pursue conservative treatment. He was again released to return to light work, but continued to experience neck pain upon returning. In January 1983 he was taken off light duty and placed back on full duty. In August 1983 claimant’s job evaluation reflected that although he was a good worker, his physical disabilities prevented him from functioning as before. In September 1983 claimant’s employment was terminated for reasons unrelated to his injuries. Claimant testified that he has not looked for work because he is incapable of working.
TTD benefits may be awarded only when there is medical evidence of a claimant’s inability to work or, absent such evidence, a showing that claimant conducted a good faith work search. Citrus Cen tral, Inc. v. Gardner, 466 So. 2d 369 (Fla. 1st DCA 1985). All of the medical evidence in the instant case indicated that claimant was able to do light work. Claimant conceded that he conducted no job search, and his testimony that he is unable to work is insufficient to establish that he is totally disabled. Cardinal Industries, Inc. v. Dawkins, 392 So. 2d 368 (Fla. 1st DCA 1981). In the absence of medical evidence of inability to work the claimant must make a conscientious attempt to return to work before he can establish that he is totally unable to do so. Commercial Carrier Corp. v. Bennett, 396 So. 2d 847 (Fla. 1st DCA 1981).
The award of TTD benefits is reversed. In all other respects the order of the deputy commissioner is affirmed.
ERVIN and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Philpot v. City OF Miami, 541 So. 2d 680 (Fla. 1st DCA 1989)…ork, or evidence of a good faith work search. Area Electric Service, Inc. v. Cunningham, 538 So. 2d 471 (Fla. 1st DCA 1989); Southern Bell Telephone & Telegraph Co. v. Williams, 512 So. 2d 243 (Fla. 1st DCA 1987); Mt. Sinai Medical Center v. Jacobs, 492 So. 2d 1143 (Fla. 1st DCA 1986); Vantage Pointe v. Sowers, 463 So. 2d 396 (Fla. 1st DCA 1985). On the other hand, if the circumstances of a particular case indicate that a work search would be a futile gesture, such search may be excused as a predicate for disa…
-
R.D. Brown Contractors & Cigna Prop. & Cas. Co. v. Titus Padgett, 569 So. 2d 499 (Fla. 1st DCA 1990)…ity to work by way of an adequate job search. Area Electric Service, Inc. v. Cunningham, 538 So. 2d 471 (Fla. 1st DCA 1989); Southern Bell Telephone & Telegraph Co. v. Williams, 512 So. 2d 243 (Fla. 1st DCA 1987); Mt. Sinai Medical Center v. Jacobs, 492 So. 2d 1143 (Fla. 1st DCA 1986); Fair-Way Restaurant v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982). In the instant case, the claimant specifically testified at the hearing that he had not looked for work during the period for which benefits were claimed. Further…
-
Iran Lomax Boles v. W. Orange Paint & Body & First Alliance Ins. Co., 667 So. 2d 951 (Fla. 1st DCA 1996)…t, 569 So. 2d 499 (Fla. 1st DCA 1990), citing Area Electric Service, Inc. v. Cunningham, 538 So. 2d 471 (Fla. 1st DCA 1989); Southern Bell Telephone & Telegraph Co. v. Williams, 512 So. 2d 243 (Fla. 1st DCA 1987); Mt. Sinai Medical Center v. Jacobs, 492 So. 2d 1143 (Fla. 1st DCA 1986); Fair-Way Restaurant v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982). The adequacy of the job search is a question of fact for the JCC’s determination. See Xerographies and Claims Center v. Bender, 558 So. 2d 514 (Fla. 1st DCA 1990);…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Carrier Corp. v. Bennett, 396 So. 2d 847 (Fla. 1st DCA 1981)
- Cardinal Indus., Inc. v. Dawkins, 392 So. 2d 368 (Fla. 1st DCA 1981)
- Citrus Cent., Inc. v. Gardner, 466 So. 2d 369 (Fla. 1st DCA 1985)