ANNING-JOHNSON AND COMMERCIAL UNION INSURANCE COMPANY, APPELLANTS,
v.
ALTON PEARCE, APPELLEE
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The court held that the claimant is not entitled to permanent total disability benefits because he has not reached maximum medical improvement from a psychological standpoint.
The employer and carrier challenged an award of permanent total disability benefits. The deputy commissioner found the claimant reached maximum medica…
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BARFIELD, Judge.
The employer and carrier challenge the award of permanent total disability (PTD) benefits to this workers’ compensation claimant, asserting that the deputy commissioner’s order is not supported by competent substantial evidence. We agree, but not for the reasons advanced by the appellants, and reverse.
Competent substantial evidence in the record supports all of the deputy commissioner’s findings except his conclusion that claimant has reached maximum medical improvement (MMI) and is therefore entitled to PTD benefits. Although the record supports the deputy’s finding that claimant has reached MMI from a physical standpoint, the uncontroverted testimony of the claimant’s treating psychologist precludes a finding that he has reached MMI from a psychological standpoint.
Because the claimant has not reached MMI, he is not entitled to PTD benefits at this time, although the deputy commissioner’s findings of fact would support an award of temporary total disability (TTD) benefits. There is no indication in this record that claimant is presently being treated for his psychological problems, but the record would support an order directing the employer/carrier to provide further psychological treatment.
The order is REVERSED and REMANDED for further proceedings, which may include a claim for TTD benefits and for further psychological evaluation and/or treatment.
MILLS and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Kirkland v. Harold Pratt Paving, Inc., 518 So. 2d 1320 (Fla. 1st DCA 1987)…ny of all three doctors precludes a [*1324] finding that claimant has reached overall MMI in respect to the soft tissue injuries. Accordingly, the deputy erred in concluding that claimant reached MMI on October 17, 1986. Cf Anning-Johnson v. Pearce, 510 So. 2d 1041 (Fla. 1st DCA 1987) (although record supports finding that claimant reached MMI from physical standpoint, uncontroverted testimony of claimant’s treating psychologist precludes finding that claimant has reached MMI from psychological standpoint). B…
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John Barley Mem'l & Aetna Life & Cas. Co. v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989)…on the cases which have held that where a claimant has both physical and psychiatric 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 ph…
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Winn Dixie Stores, Inc. v. Grubb, 570 So. 2d 1371 (Fla. 1st DCA 1990)…e both physical and psychiatric injuries are present, permanent disability benefits cannot be awarded until maximum medical improvement has been reached from both disorders. See, e.g., Honeycutt v. Boswell Voyle Appliances; Anning-Johnson v. Pearce, 510 So. 2d 1041 (Fla. 1st DCA 1987); Martin-Marietta Corporation v. Vargas. The court distinguished those cases on the ground that in Gillam, the record clearly showed that the permanent total disability determination was based solely upon the claimant’s physical i…
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