SETZER'S CONSTRUCTION COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
AHMED HEBEISHY, APPELLEE
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Employer/carrier's appeal of permanent and total disability award is granted because the claimant has not reached maximum medical improvement on both physical and psychiatric conditions.
A finding of permanent and total disability is erroneous when the evidence does not establish that the claimant has reached maximum medical improvement regarding both physical and psychological conditions.
[1] Maximum medical improvement must be established for both physical and psychological conditions before an award of permanent and total disability benefits is proper in a w…
Previewing 1 of 1 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“the anxiety and depression should be 'attended to before we can say that he has reached MMI.'”
Dr. Stinson, the claimant's treating psychiatrist, testified regarding the need for continued treatment before maximum medical improvement could be established.
Claimant sustained a back injury and psychological symptoms of anxiety and depression from an industrial accident on May 28, 1984. The treating psychi…
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SHIVERS, Judge.
The employer/carrier (E/C) in this workers’ compensation case appeal the deputy commissioner’s order finding the claimant to be permanently and totally disabled (PTD) from his May 28, 1984 industrial accident. We agree that the award of PTD benefits was erroneous, and reverse the order. The evidence introduced at the hearing before the deputy commissioner indicates that the claimant sustained both a physical back injury and psychological symptoms of anxiety and depression as the result of his industrial accident. The evidence does not, however, support a finding that the claimant has reached maximum medical improvement with regard to both the physical and psychiatric conditions. Dr. Stinson, claimant’s treating psychiatrist, testified only that he expected claimant to be unable to work “in the foreseeable future,” but that he expected his anxiety and depression to improve, that he was in need of continued treatment, and that the anxiety and depression should be “attended to before we can say that he has reached MMI.” Since there is a lack of competent substantial evidence to support a finding that claimant has reached MMI with regard to both his physical and psychological conditions, we reverse the deputy commissioner’s award of PTD benefits. Martin-Marietta Corp. v. Vargas, 472 So. 833 (Fla. 1st DCA 1985); Fuchs Baking Co. v. Estate of Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985); South Carolina Insurance Co. v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980).
REVERSED.
JOANOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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John Barley Mem'l & Aetna Life & Cas. Co. v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989)…had not reached MMI) played no part in the deputy’s finding of permanent and total disability from the physical injury. Compare Anning-Johnson v. Pearce, supra; Martin-Marietta Corporation v. Vargas, supra; Setzer’s Construction Company v. Hebeishy, 521 So. 2d 365 (Fla. 1st DCA 1988); Southern Bell Telephone and Telegraph Company v. Rollins, 390 So. 2d 93 (Fla. 1st DCA 1980); Honeycutt v. Boswell Voyle Appliances, 522 So. 2d 937 (Fla. 1st DCA 1988); South Carolina Insurance Co. v. Blackman, 380 So. 2d 1144 (F…
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Amfesco Duramil Division v. Pastor Guzman, 596 So. 2d 732 (Fla. 1st DCA 1992)…e Stores, Inc. v. Grubb, 570 So. 2d 1371, 1373 (Fla. 1st DCA 1990); Copeland Steel v. Miles, 536 So. 2d 1179, 1181 (Fla. 1st DCA 1989); Honeycutt v. Boswell Voyle Appliances, 522 So. 2d 937, 939 (Fla. 1st DCA 1988); Setzer’s Constr. Co. v. Hebeishy, 521 So. 2d 365, 366 (Fla. 1st DCA 1988); Martin-Marietta Corp. v. Vargas, 472 So. 2d 833, 833 (Fla. 1st DCA 1985). An exception to this rule exists, however, when the evidence clearly shows that the claimant is PTD based solely on his or her physical injury. See J…
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Winn Dixie Stores, Inc. v. Grubb, 570 So. 2d 1371 (Fla. 1st DCA 1990)…manent total disability benefits cannot be awarded prior to claimant’s reaching maximum medical improvement as to both conditions. Honeycutt v. Boswell Voyle Appliances, 522 So. 2d 937, 939 (Fla. 1st DCA 1988); Setzer’s Construction Co. v. Hebeishy, 521 So. 2d 365 (Fla. 1st DCA 1988); Martin-Marietta Corp. v. Vargas, 472 So. 2d 833 (Fla. 1st DCA 1985). This case is factually similar to John Barley Memorial v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989). In Gillam, the employer/carrier attacked the judge’s fi…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fuchs Baking Co. & Emp'r's Serv. Corp. v. Est. of Francis Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985)
- S.C. Ins. Co. & Artesian Pools v. Blackman, 380 So. 2d 1144 (Fla. 1st DCA 1980)
- Martin-Marietta Corp. & Home Ins. Co. v. Monserrathe Vargas, 472 So. 2d 833 (Fla. 1st DCA 1985)