CARMEN TORRES, APPELLANT,
v.
SMITHKLINE BEECHAM COMPANY AND KEMPER NATIONAL, APPELLEES
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Carmen Torres appealed a workers' compensation claim denial where the judge of compensation claims (JCC) improperly required use of the Minnesota Schedule instead of the AMA Guides to determine her permanent impairment rating for a work-related asthmatic condition. The appellate court reversed, holding that the 1989 statute in effect at the time of Torres's injury required the AMA Guides, not the 1990 statute's Minnesota Schedule.
The JCC erred in requiring the Minnesota Schedule. The 1989 statute in effect at the date of Torres's accident required use of the AMA Guides, not the 1990 statute that required the Minnesota Schedule. Therefore, the denial of the wage loss claim was improper.
[1] Workers' compensation statutes are applied based on the law in effect at the date of the accident.
[2] The 1989 Worker's Compensation Law required the use of the American Medical Association Guides for determining permanent impairment ratings.
Previewing 2 of 4 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 JCC erred in requiring the Minnesota Schedule be used. The statute in effect at the date of the accident was the 1989 statute which required the AMA Guides be used, and not the 1990 statute which required use of the Minnesota Schedule.”
Establishes the core holding that the JCC applied the wrong statutory standard by using the 1990 statute instead of the 1989 statute applicable to the accident date.
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Join FLexlaw to unlock all legal intelligenceCarmen Torres developed an asthmatic condition at work. Dr. Barrio testified that the condition was work-related and that Torres had a permanent impai…
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PER CURIAM.
This claim arises under the wage loss provision in section 440.15(3)(b)l of the 1989 Worker’s Compensation Law. Appellant has developed an asthmatic condition which, according to the medical testimony of Dr. Barrio that was accepted by the judge of compensation claims (JCC), is work-related. When claimant’s attorney asked Dr. Barrio whether claimant had a permanent impairment based on the American Medical Association Guides, employer/carrier objected on the ground that the AMA Guides were not applicable and that the Minnesota Schedule was the relevant standard based on section 440.15(3)(b)l, Florida Statutes (1990). The JCC sustained employer/carrier’s objection. Dr. Barrio testified that he was not familiar with the Minnesota Schedule and therefore could not testify to a numerical impairment rating based on that schedule. The JCC ultimately denied the wage loss claim based on claimant’s failure to provide a numerical impairment rating.
The JCC erred in requiring the Minnesota Schedule be used. The statute in effect at the date of the accident was the 1989 statute which required the AMA Guides be used, and not the 1990 statute which required use of the Minnesota Schedule.1 Accordingly, we reverse the denial of wage loss. On remand the JCC may receive documents from Dr, Barrio on the issue of claimant’s impairment rating. The JCC will also reconsider the claim for permanent total benefits.
REVERSED and REMANDED with directions.
ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur. . Section 440.15(3)(a)3, Florida statutes (1990), states: "For injuries after July 1, 1990, pending the adoption by division rule of a uniform disability rating guide, the Minnesota Department of Labor and Industry Disability Schedule shall be temporarily used unless that schedule does not address an injury."
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Bishop v. Baldwin Acoustical & Drywall & Wausau Ins. Co., 696 So. 2d 507 (Fla. 1st DCA 1997)…1984). Finally, since this is a Florida Workers’ Compensation matter any permanent physical impairment rating must be based on the American Medical Association Guides which are applicable from this date of accident. Torres v. Smithkline Beecham Co., 659 So. 2d 327 (Fla. 1st DCA 1995). [*510] The JCC also considered and rejected much of the testimony of psychologist Koch, offering the following analysis: 7. ' The claimant has also treated with Dr. Daniel Koch, Ph.D., a psychologist referred to by Dr. Dyas. Th…
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Torres v. Smithkline Beecham Co. & Kemper Nat'l, 677 So. 2d 946 (Fla. 1st DCA 1996)…retrial stipulation, the JCC’s order, which was the subject of the first appeal, did not grant the request for vocational assistance, and the claimant did not appeal the failure of the JCC to grant this request. See Torres v. Smithkline Beecham Co., 659 So. 2d 327 (Fla. 1st DCA 1995). Although the claimant may benefit from the vocational rehabilitation assistance awarded by the JCC, because she abandoned this claim and no longer desires vocational rehabilitation assistance, we hold that the JCC erred in award…