OLSTEN STAFFING SERVICES AND HELMSMAN MANAGEMENT SERVICES, APPELLANTS,
v.
BILLIE HOUSAND, APPELLEE
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Florida appellate court reversed award of permanent total disability benefits because the judge of compensation claims failed to find that the claimant's 1996 work injury was the major contributing cause of her disability, requiring remand for proper factual determination.
An award of permanent total disability benefits in a workers' compensation case must be supported by a finding that the claimant's industrial accident was the major contributing cause of the permanent total disability or need for further treatment.
[1] In workers' compensation cases, an award of permanent total disability benefits requires a finding that the claimant's industrial accident was the major contributing caus…
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Join FLexlaw to unlock all legal intelligenceBillie Housand injured her back at work on August 14, 1996, but had extensive prior back problems dating back to 1969, including prior surgery and tre…
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PER CURIAM.
Before Ms. Billie Housand injured her back at work on August 14, 1996, she had extensive back problems. As recently as 1993 a back brace and Darvocet were prescribed, well before she began her work for Olsten Staffing Services. She had undergone back surgery more than once, the first time as early as 1969. Olsten Staffing Services and Helmsman Management Services argue on appeal that the judge of compensation claims erred in awarding permanent total disability benefits without finding whether Ms. Housand’s most recent industrial accident was the major contributing cause of her permanent total disability or need for further treatment.
We agree that this was error, and reverse and remand for the judge of compensation claims to determine whether Ms. Housand’s 1996 work injury was the major contributing cause of permanent total disability or need for further treatment. See Clay County Sch. Bd. v. Robison, — So. 2d -, No. 97-4546 (Fla. 1st DCA Jan. 27, 1999) (reversing and remanding for findings on major contributing cause); Orange County MIS v. Hak, 710 So. 2d 998, 998 (Fla. 1st DCA 1998) (holding that the claimant has the burden of proving her accident was the major contributing cause of her disability or need for treatment); Hernando County Sch. Bd. v. Dokoupil, 667 So. 2d 275 (Fla. 1st DCA 1995). On remand, the parties may introduce additional evidence.
Reversed and remanded.
BENTON, VAN NORTWICK, and PADOVANO, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Orange Cnty. MIS Dep't & Johns E. Co., Inc. v. HAK, 710 So. 2d 998 (Fla. 1st DCA 1998)
- Hernando Cnty. Sch. Bd. & Gallagher Bassett Servs. v. Dokoupil, 667 So. 2d 275 (Fla. 1st DCA 1995)