CALEB POWERS, APPELLANT,
v.
BERTI-FERGUSON OF FLORIDA AND CNA INSURANCE, APPELLEES

Fla. 1st DCA | 1987-08-12
No. BP-168
MILLS and BARFIELD, JJ., concur.
510 So. 2d 1185 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 6 cases
Topics
Permanent Physical Impairment Claim For Wage Loss Benefits Law Of The Case Doctrine

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Upon appeal by claimant, we affirm a workers’ compensation order denying a wage loss claim for lack of proof of causal relation to the compensable injury.

The order finds for the months in question a demonstrated ability of claimant “to use his injured arm in a full functional capacity” until job termination for unrelated reasons. Appellant incorrectly argues that this finding, by application of “law of the case,” will bar future wage loss benefits. Appellee concedes that is not the case.

To avoid internal inconsistency in the order, such a finding clearly must be read in the light of or qualified by the adjudicated 8% permanent physical impairment, also accompanied in this case by continuing medical restrictions on functional activity. The quoted finding of “demonstrated ability” in accord with the usual standards for wage loss claims, Miller v. Richard Cole Roofing, 510 So. 2d 1018 (Fla. 1st DCA 1987), is confined strictly to the specific months and conditions then in question.

Affirmed.

MILLS and BARFIELD, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Int'l Minerals & Chem. Corp. v. Buckley, 526 So. 2d 760 (Fla. 1st DCA 1988)
    …cal relationship between claimant’s employment and her herniated disc, as the historical data was not present to make such a determination within reasonable medical certainty. Although claimant relies on Moldthan v. Sentinel Communications Company, 510 So. 2d 1185 (Fla. 1st DCA 1987), to support the deputy’s finding of compensability on the basis of repeated trauma, we note that there was at least some medical suggestion [*762] of causality therein. The same was true in the logical cause cases of Ralosky v. D…
  • Lowe's OF Bradenton & Fred B. James Co. v. Stuck, 561 So. 2d 322 (Fla. 1st DCA 1990)
    …orming all of his regular activities at perhaps somewhat of an increased pace. The lack of a specifically identifiable incident causing the onset of pain is not necessarily dispositive of the causation issue. Moldthan v. Sentinel Communications Co., 510 So. 2d 1185 (Fla. 1st DCA 1987); Slater v. United Parcel Service, 507 So. 2d 1146 (Fla. 1st DCA 1987). However, the testimony of both claimant and his treating physician, established that any of claimant’s daily activities could have contributed to his October…
  • Wright v. Tarmac Fla., Inc., 603 So. 2d 1340 (Fla. 1st DCA 1992)
    …coughing, might have led to a finding of an “unexpected or unusual” result sufficient to constitute an accident under section 440.-02(1), Florida Statutes (1989). See Slater v. United Parcel Service. Cf., Moldthan v. Sentinel Communications Company, 510 So. 2d 1185 (Fla. 1st DCA 1987). In light of the foregoing, we are compelled to remand the cause to the JCC with directions that she apply the correct legal analysis and revisit her conclusion that no compensable injury occurred absent the now discredited find…
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