VALLEY PRESBYTERIAN HOSPITAL, APPELLANT,

v.

DIVERSIFIED THERAPY CORPORATION, APPELLEE

Citator

Cited By

• Caldwell v. Wal-Mart Stores, 980 So. 2d 1226 (Fla. 1st DCA 2008)
  …in the proceedings below, the JCC did not reach this issue. Rather, the court found Dr. Ciano’s report was a peer review, and did not consider whether her report was an IME. Thus, I would decline to reach the issue. Cf. Rojas v. United Sheet Metal, 832 So. 2d 174, 175-176 (Fla. 1st DCA 2002) (“Because the JCC did not reach the issue of whether there is a causal connection between a work-related injury and a resulting wage loss ... we do not reach that issue.”). Therefore, I would grant certiorari, quash the…
• Sapp v. Berman Bros., 884 So. 2d 1080 (Fla. 1st DCA 2004)
  …as reached physical MMI and has physical work restrictions, but has not reached psychiatric MMI, a JCC cannot deny a claim for temporary disability benefits, based solely on the lack of psychiatric work restrictions. See Rojas v. United Sheet Metal, 832 So. 2d 174, 175 (Fla. 1st DCA 2002). See also Greber v. Tallahassee Dev. Center, 778 So. 2d 999, 1000 (Fla. 1st DCA 2000) (claimant cannot be denied temporary benefits unless there is CSE of both physical and psychiatric MMI). After noting the psychiatrist fo…
• Mason v. Home Shopping Network & RSKCo., 837 So. 2d 578 (Fla. 1st DCA 2003)
  …nied by the Judge of Compensation Claims (“JCC”). Because there is no indication that claimant has reached overall MMI, the JCC erred in denying the claim on the basis that the ankle injury did not cause wage loss. See Rojas v. United Sheet Metal, 832 So. 2d 174 (Fla. 1st DCA 2002)(reversing the JCC’s denial of temporary partial benefits because the claimant was not at overall MMI, even though the claimant was at physical MMI and had no work restrictions from the subsequent psychiatric injuries); Korody v.…

Authorities Cited

• Costa T. Vathis v. State, 729 So. 2d 453 (Fla. 1st DCA 1999)