ANDERSON & PADGETT SAWMILL AND FTBA SELF-INSURERS' FUND, APPELLANTS,
v.
GLEN D. COLLINS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this workers' compensation case, the Florida First District Court of Appeal reversed an award of permanent total disability (PTD) benefits to an employee injured on the job, finding that the trial judge failed to clarify whether authorized medical treatment was remedial or palliative and that post-MMI employment contradicted the PTD award.
The court reversed the PTD award and remanded the case, holding that the trial court must clarify whether the authorized treatment is remedial (which would prevent an MMI finding and premature PTD award) or palliative. Additionally, because the claimant worked from June through August 1995, an error occurred in awarding PTD as of the March 27, 1995 MMI date, requiring establishment of a different MMI date.
[1] An award of permanent total disability benefits is premature if the claimant has not reached maximum medical improvement.
[2] Remedial medical treatment does not permit a finding of maximum medical improvement.
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“If the care is deemed remedial, the award of PTD must be stricken, because claimant is not yet at MMI, and the award of any permanent disability benefits would, of course, be premature.”
Establishes the critical distinction that remedial care prevents MMI findings and premature permanent disability awards
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCollins injured his back on October 16, 1991, while working for Anderson & Padgett Sawmill. A judge of compensation claims found claimant reached maxi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remedial Care cases and more on FLexlaw
PER CURIAM.
Anderson & Padgett Sawmill and FTBA Self-Insurers’ Fund, collectively the employer and its servicing agent (E/SA), appeal an order awarding certain disability benefits to appellee Collins (claimant). We reverse and remand the order as it relates to the award of permanent total disability (PTD) benefits, but otherwise affirm.
Claimant injured his back on October 16, 1991, while working for the employer. Following the hearing on claimant’s petition for benefits, the judge of compensation claims (JCC) found that claimant had reached maximum medical improvement (MMI) on March 27, 1995, and awarded temporary total disability (TTD) benefits from April 27, 1992, through March 27,1995, and PTD thereafter, based upon an adequate job search. The JCC also authorized an examination and treatment for claimant’s suspected reflex sympathetic dystrophy.
The E/SA argues that claimant is not entitled to PTD benefits, because in the same order awarding PTD benefits, the JCC authorized further evaluation and medical treatment for suspected reflex sympathetic dystrophy, and, because such treatment involves remedial care, no finding of MMI can be made, and PTD cannot, therefore, be awarded. We are unable to determine from the record, however, whether the authorized care directed is remedial or palliative. If the care is deemed remedial, the award of PTD must be stricken, because claimant is not yet at MMI, and the award of any permanent disability benefits would, of course, be premature. If, however, the treatment is determined palliative, it would have no effect on an award of such benefits. Under the circumstances, we reverse the award of PTD benefits and remand the case with directions for the JCC to clarify the nature of the treatment. See Circle K Corp. v. Lackey, 637 So. 2d 360 (Fla. 1st DCA 1994).
The E/SA alternatively argues, assuming the treatment is considered palliative, that PTD benefits should not have been awarded because the MMI date which the JCC established was incorrect in that claimant was gainfully employed thereafter. Although we agree that there is medical evidence in the record supporting the JCC’s finding that claimant meets the eligibility test for PTD benefits, i.e., that he is unable to perform light work uninterruptedly, we also agree that the evidence does not support the JCC’s finding of PTD as of the MMI date of March 27, 1995, because the record discloses that claimant worked from June through August 1995. The rule is clear that if a claimant is capable of performing some gainful employment, even if only on a part-time basis, it is error to award PTD benefits. See Wal-Mart Stores, Inc. v. Liggon, 668 So. 2d 259 (Fla. 1st DCA 1996); Arizona Chem. Corp. v. Hanlon, 605 So. 2d 938 (Fla. 1st DCA 1992), review denied, 618 So. 2d 208 (Fla.1993). Accordingly, the cause is remanded for establishment of a different MMI date. See Webb-Owen Amoco v. Bryce, 636 So. 2d 793 (Fla. 1st DCA 1994).
AFFIRMED in part, REVERSED in part, and REMANDED.
BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wal-Mart Stores, Inc. v. Liggon, 668 So. 2d 259 (Fla. 1st DCA 1996)
- Ariz. Chem. Corp. v. Hanlon, 605 So. 2d 938 (Fla. 1st DCA 1992)
- Webb-Owen Amoco v. Bryce, 636 So. 2d 793 (Fla. 1st DCA 1994)
- Circle K Corp. & Gallagher Bassett Servs., Inc. v. Lackey, 637 So. 2d 360 (Fla. 1st DCA 1994)