SANLANDO REPROGRAPHICS AND STATE FARM INSURANCE CO., APPELLANTS,
v.
JOHN VIDIMOS, APPELLEE
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In a workers' compensation appeal, the Florida District Court of Appeal affirmed an award of temporary partial disability benefits and penalties to an employee injured in the back, but corrected the commencement date and reversed the deputy's order requiring the employer/carrier to provide an unclaimed rheumatological evaluation.
The temporary partial disability benefits and penalties were properly awarded, but the commencement date should be January 1987 (not January 1986). The deputy lacked authority to order employer/carrier to provide an unclaimed rheumatological evaluation and treatment, as such additional medical evaluation may only be ordered when medical evidence conflicts, and no such conflict existed here.
[1] Temporary partial disability benefits are awardable when a claimant terminates former employment based on the desire to obtain work within medical restrictions and conduc…
[2] A misstatement in a workers' compensation order regarding the commencement date of temporary partial disability benefits may be corrected on appeal.
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Join FLexlaw to unlock all legal intelligence“An additional medical evaluation may be ordered by a deputy pursuant to section 440.-25(3)(b), Florida Statutes, in cases involving a conflict in the medical evidence.”
Establishes the legal standard for when deputy can order additional medical evaluation
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Join FLexlaw to unlock all legal intelligenceClaimant sought disability benefits for a back injury diagnosed as an acute exacerbation of a prior injury involving displaced vertebrae and possible …
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WENTWORTH, Judge.
Employer/carrier seek review of a workers’ compensation order by which temporary partial disability benefits were awarded, a medical evaluation was ordered, and penalties were assessed. We find that the temporary partial disability benefits and penalties were properly awarded, although the order contains a misstatement which we correct as to the commencement date of such disability. However, we further find that the medical evidence is not in conflict and employer/carrier should not have been required to provide claimant with an unclaimed medical evaluation.
Claimant sought disability benefits for a back injury which was diagnosed by his treating physician as an acute exacerbation of a prior injury which involved displaced vertebrae and possible disc degeneration. The doctor could not say whether this condition was temporary or would result in permanent impairment, and indicated that claimant had not yet attained maximum medical improvement. Claimant remained briefly off work in accordance with the doctor’s instructions, and then returned on light duty release with restrictions. Claimant continued to perform his prior job for approximately two months, and then resigned and obtained other employment. Thereafter maintaining one and sometimes two jobs, claimant continued to look for other higher-paying work. The doctor indicated that the job change was prudent and consistent with claimant’s medical restrictions.
The deputy found that claimant terminated his former employment based upon the desire to obtain work within his restrictions. The deputy also found that claimant conducted a satisfactory job search, and did not voluntarily limit his income. There is competent substantial evidence in the record to support these findings, and temporary partial disability benefits were awardable. The deputy ordered that such benefits be commenced as of the date on which claimant terminated his former employment. While the deputy found, and the evidence establishes, that this occurred in January 1987, benefits were awarded as of January 1986, and we amend the order to correct this misstatement.
Although claimant did not request any additional medical evaluation or treatment, the deputy nevertheless ordered employer/carrier to provide a rheumatological evaluation and necessary treatment, suggesting that this would be in claimant’s best interest as his physical abnormalities may have rheumatological origins. An additional medical evaluation may be ordered by a deputy pursuant to section 440.-25(3)(b), Florida Statutes, in cases involving a conflict in the medical evidence. See Florida Welding & Erection Service v. Martin, 452 So. 2d 101 (Fla. 1st DCA 1984).
But the present case does not involve such conflict. And while an additional evaluation might be approved in accordance with the deputy’s investigatory authority pursuant to section 440.29(1), Florida Statutes, this cost may not be charged to the employer/carrier. See K-Mart Corp. v. Nasoni, 377 So. 2d 821 (Fla. 1st DCA 1979).
In the present case the deputy directed employer/carrier to furnish the additional rheuma-tological evaluation and treatment; the award of such unclaimed care in this manner is beyond the deputy’s authority.
The order is amended to provide for the commencement of temporary partial disability benefits in January 1987. The award of rheumatological evaluation and treatment to be paid by employer/carrier is reversed. The order, as amended, is otherwise affirmed.
SHIVERS and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Berry Corp. & Commercial Risk Mgmt. v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991)
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Scotty's, Inc. v. Sarandrea, 645 So. 2d 121 (Fla. 1st DCA 1994)…ning the rights of the parties. Id. at 1368. However, if there is no conflicting medical evidence at hearing, the JCC may not order the E/C to pay the cost of an IME. § 440.25(3)(d), Fla.Stat. (1991); Berry, supra; Sanlando Reprographics v. Vidimos, 545 So. 2d 397 (Fla. 1st DCA 1989); Amoco Container Company v. Singh, 418 So. 2d 395 (Fla. 1st DCA 1982). In this case, the JCC was authorized to order the IME pursuant to section 440.29(1), Florida Statutes. However, neither the date of MMI (see supra) nor any of…
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Williams v. BCI Indus. & Alternative Serv. Concepts, 943 So. 2d 911 (Fla. 1st DCA 2006)…motion. It is undisputed that a JCC may order an IME on his or her own motion. See, e.g., Scotty’s, Inc. v. Sarandrea, 645 So. 2d 121 (Fla. 1st DCA 1994); Berry Corp. v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991); Sanlando Reprographics v. Vidimos, 545 So. 2d 397 (Fla. 1st DCA 1989); Atlanta Nat’l Real Estate Trust v. Rain, 392 So. 2d 1339 (Fla. 1st DCA 1980); Lu-Mar Enters., Inc. v. Mazur, 8 F.C.R. 248 (IRC Order 2-2456 Mar. 12, 1974).- None of these cases hold, however, that the JCC is then required to per…
Authorities Cited
- K-Mart Corp. v. Nasoni, 377 So. 2d 821 (Fla. 1st DCA 1979)
- Fla. Welding & Erection Serv. & U.S. Fid. & Guar. Co. v. Martin, 452 So. 2d 101 (Fla. 1st DCA 1984)