CITY OF HOLLYWOOD AND GALLAGHER BASSETT SERVICES, APPELLANTS,
v.
GREGORY CAPPOZZIA, APPELLEE

Fla. 1st DCA | 2004-02-19
No. 1D02-4010
BOOTH, VAN NORTWICK and HAWKES, JJ„ concur.
866 So. 2d 766 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 1 case

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Synopsis

The City of Hollywood and its worker's compensation carrier appealed an order awarding temporary disability benefits to former employee Gregory Cappozzia. The court reversed, holding that the claimant failed to prove the required causal connection between his work-related injury and resulting wage loss.


Holding

The court held that the record lacked competent and substantial evidence of a causal connection between the work-related injury and resulting wage loss. Therefore, the award of temporary disability benefits cannot be sustained, and a claimant must still prove such a causal connection under the post-1994 amendments to chapter 440.


Headnotes

[1] A claimant must prove a causal connection between a work-related injury and a resulting wage loss to recover temporary partial disability benefits.

[2] An award of temporary partial disability benefits will be reversed if there is no competent, substantial evidence supporting a causal connection between a claimant's post…

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Key Quotes

“after 1994 amendments to chapter 440, a claimant must still prove a causal connection between a work-related injury and a resulting wage loss to recover temporary partial disability benefits”

Establishes the legal standard that appellants must meet under Florida worker's compensation law

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Facts & Procedural History

Gregory Cappozzia was a former employee of the City of Hollywood who suffered a compensable work-related injury. He was found eligible for a disabilit…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The City of Hollywood and Gallagher Bassett Services, the employer and servicing agent respectively, seek reversal of a worker’s compensation order granting temporary disability benefits under section 440.15(4), Florida Statutes (1995), as well as penalties, interest, attorney’s fees and costs to claimant, Gregory Cappozzia, a former employee of the City of Hollywood. The employer and carrier argue that the record lacks competent and substantial evidence that the employee experienced a wage loss causally connected to a compensable injury.

We agree and reverse the order in its entirety. See Vencor Hospital v. Ahles, 727 So. 2d 968, 969 (Fla. 1st DCA 1998)(explaining that after 1994 amendments to chapter 440, a claimant must still prove a causal connection between a work-related injury and a resulting wage loss to recover temporary partial disability benefits); West Point Stevens v. Wasson, 740 So. 2d 44 (Fla. 1st DCA 1999)(reversing award of temporary partial disability benefits because there was no competent, substantial evidence supporting a causal connection between claimant’s .post-injury wage loss and her work-related injury); Interim Services and Specialty Risk Services v. Levy, 843 So. 2d 915, 916-917 (Fla. 1st DCA 2003)(reversing award of temporary partial disability benefits because employee failed to make required, showing of a causal connection between injury and subsequent wage loss); Sanchez v. Wise Recycling, Inc., 843 So. 2d 1025 (Fla. 1st DCA 2003)(reversing award of temporary benefits because claimant failed to show a causal connection between her injury and subsequent wage loss).

Although the record reflects that the claimant was found eligible for a disability pension by the City’s pension board, that finding is not determinative of a causal connection between a work related injury and a wage loss under section 440.15.

REVERSED.

BOOTH, VAN NORTWICK and HAWKES, JJ„ concur.


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