STANLEY READ, APPELLANT,
v.
CTL DISTRIBUTORS AND CRAWFORD & COMPANY, APPELLEES
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Florida appellate court affirmed the Judge of Compensation Claims' finding that the claimant achieved permanent total disability status on November 20, 2002, but reversed the denial of impairment benefits and remanded for calculation of appropriate permanent impairment benefits with credit for temporary total disability payments made after April 1, 2001.
A claimant achieves permanent total disability status only after attaining maximum medical improvement from both physical and psychiatric injuries, and is entitled to permanent impairment benefits from the date temporary total disability benefits terminate by statute.
[1] Permanent total disability status requires achievement of maximum medical improvement from all injuries, including both physical and psychiatric components.
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Join FLexlaw to unlock all legal intelligenceStanley Read suffered work-related injuries on April 1, 1999, and received temporary total disability benefits until January 14, 2002. The Judge of Co…
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PER CURIAM.
Claimant, Stanley Read, challenges two rulings of the Judge of Compensation Claims (JCC), alleging error, in (1) the JCC’s finding that claimant was not permanently and totally disabled (PTD) until November 20, 2002, because he had not achieved overall maximum medical improvement (MMI) from both his physical and psychiatric injuries until that date, and (2) the JCC’s denial of the claim for impairment benefits. As to the former issue, we affirm, and agree that competent, substantial evidence supports the JCC’s finding of MMI. As to the second issue, we reverse and remand. In this regard, we note the E/C concedes that if the court affirms the JCC’s finding that claimant attained PTD status as of November 20, 2002, the cause should be remanded with directions to determine the appropriate amount of permanent impairment benefits.
Consequently, we direct the JCC to determine an appropriate award of impairment benefits for the period from April 1, 2001, the date TTD benefits terminated by operation of statute. Because the E/C paid claimant TTD benefits for a period of time from the date of the accident, April 1, 1999, until January 14, 2002, it shall be allowed a credit for TTD benefits it paid claimant subsequent to April 1, 2001. AFFIRMED in part, REVERSED in part, and REMANDED.
ERVIN, ALLEN and HAWKES, JJ., concur.