HERBERT HONEYCUTT, APPELLANT,
v.
BOSWELL VOYLE APPLIANCES, AND CIGNA, APPELLEES
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In this workers' compensation case, the Florida appellate court reversed the deputy commissioner's denial of temporary total disability (TTD) benefits after September 1, 1986, finding that the claimant had not reached maximum medical improvement (MMI) when considering both his physical and psychological injuries.
The court held that the deputy commissioner erred in finding the claimant reached MMI on September 1, 1986, because the claimant's psychiatric injuries had not reached MMI as of the hearing date. Since permanent benefits cannot be awarded until MMI is reached with respect to both physical and psychological injuries, the deputy commissioner's denial of TTD benefits after September 1, 1986, was reversed and the matter remanded for determination of the claimant's entitlement to TTD benefits.
[1] A deputy commissioner errs in finding a claimant reached maximum medical improvement when unrefuted psychiatric testimony indicates otherwise.
[2] Medical opinions from different specialties regarding a claimant's ability to work and maximum medical improvement are not necessarily conflicting.
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Join FLexlaw to unlock all legal intelligence“Since permanent benefits may not be awarded until a claimant has reached MMI with regard to both physical and psychological injuries, Martin-Marietta Corp. v. Vargas, 472 So.2d 833 (Fla. 1st DCA 1985), and since it is clear that the claimant had not yet reached psychological MMI, we find that the DC erred in focusing his determination solely on whether the claimant was entitled to wage loss benefits.”
Establishes the key legal principle that MMI must be reached for all injury categories before permanent benefits can be awarded.
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Join FLexlaw to unlock all legal intelligenceHerbert Honeycutt suffered a work-related accident on September 25, 1984, resulting in both physical and psychological injuries. His treating orthoped…
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SHIVERS, Judge.
The claimant in this workers’ compensation case, Herbert Honeycutt, argues that the deputy commissioner erred in failing to award temporary total disability (TTD) benefits subsequent to September 1,1986. We agree, and reverse the deputy commissioner’s (DC’s) order. The record on appeal indicates that claimant suffered an accident on September 25, 1984, while working for the employer, resulting in both physical and psychological injuries. Claimant’s treating orthopedic surgeon, Dr. Webster, testified at the hearing on the claim for benefits that he had treated claimant between January 6, 1986 and January 16, 1987 for injuries resulting from an industrial accident, that claimant was temporarily totally disabled during that entire period of time, and that he had reached maximum medical improvement (MMI) when Webster last examined him on January 16, 1987. On cross-examination, however, Webster stated that claimant could probably have performed some light sedentary work after the end of August 1986, with restrictions that he avoid lifting, bending, and stooping. Webster stated that his opinions were from an orthopedic basis only, and not from a psychological basis. Dr. Kitchin, claimant’s treating psychiatrist, testified that the claimant was totally disabled from the date of accident through the date of Kitchin’s deposition (February 6, 1987), and that claimant had not yet reached MMI psychologically at the time of the deposition. Kitchin’s testimony was confirmed by Ms. Murray, a certified counsellor at the mental health center directed by Dr. Kitchin, who had worked with claimant on at least fifteen separate occasions since August 1986.
Despite this evidence, the DC entered an order finding that claimant was TTD from January 1, 1986 through August 31, 1986, that he reached MMI on September 1, 1986 in accordance with the testimony of Dr. Webster, but that he was not entitled to wage loss benefits after September 1, 1986 because he had not conducted a job search and was not excused from doing so.
First, we agree with appellant that there is no evidence in the record to support the deputy’s finding that claimant reached MMI on September 1, 1986. Dr. Kitchin clearly testified claimant had not yet reached MMI and Dr. Webster testified only that claimant had reached MMI from an orthopedic standpoint when he last examined him on January 16, 1987. Second, since Dr. Webster’s opinions were from an orthopedic standpoint only, and Dr. Kitch-in’s were from a psychiatric standpoint only, their opinions regarding claimant’s ability to work and his arrival at MMI were not conflicting, and thus the DC did not have the discretion to choose one over the other. To the contrary, Dr. Kitchin’s testimony was unrefuted that claimant had not yet reached MMI with regard to his psychiatric injuries, and was TTD at the time of the deposition. As such, the DC erred in rejecting Kitchin’s unrefuted testimony, Calleyro v. Mt. Sinai Hospital, 504 So. 2d 1336 (Fla. 1st DCA 1987), and in determining that claimant had reached MMI.
Since permanent benefits may not be awarded until a claimant has reached MMI with regard to both physical and psychological injuries, Martin-Marietta Corp. v. Vargas, 472 So. 2d 833 (Fla. 1st DCA 1985), and since it is clear that the claimant had not yet reached psychological MMI, we find that the DC erred in focusing his determination solely on whether the claimant was entitled to wage loss benefits. We therefore reverse the denial of wage loss benefits as well as the finding that claimant reached MMI as of September 1, 1986, and remand for determination as to whether claimant was entitled to TTD benefits subsequent to September 1, 1986.
Accordingly, the DC’s order is reversed, and the matter is remanded for further proceedings consistent with this opionion.
REVERSED and REMANDED.
JOANOS and THOMPSON, JJ., concur.
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John Barley Mem'l & Aetna Life & Cas. Co. v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989)…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 (Fla. 1st DCA 1980); City of Miami v. Wright, 380 So. 2d 555 (Fla. 1st DCA 1980); Fuchs Baking Company v. Estate of Szlosek, 466 So. 2d 415, 418 (Fla. 1st DCA 1985).…
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Amfesco Duramil Division v. Pastor Guzman, 596 So. 2d 732 (Fla. 1st DCA 1992)…t be awarded until the claimant reaches MMI as to both disorders. Winn Dixie 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…
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Winn Dixie Stores, Inc. v. Grubb, 570 So. 2d 1371 (Fla. 1st DCA 1990)…h orthopedic and psychiatric injuries as a result of an industrial accident, permanent 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 1…
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
- Calleyro v. MT. Sinai Hosp., 504 So. 2d 1336 (Fla. 1st DCA 1987)
- Martin-Marietta Corp. & Home Ins. Co. v. Monserrathe Vargas, 472 So. 2d 833 (Fla. 1st DCA 1985)