NORETTA ELDER, APPELLANT,
v.
WEST BOCA MEDICAL CENTER AND SPECIALTY RISK SERV., APPELLEES
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.
The court affirmed the denial of permanent total disability benefits and held that an employer/carrier need not specifically plead substantial earning capacity as an affirmative defense under Home Depot v. Turner, only bear the burden of proving it.
An employer/carrier seeking to defend against a permanent total disability claim by proving substantial earning capacity need not specifically plead this as an affirmative defense, as Home Depot v. Turner addresses only the burden of proof, not pleading requirements.
[1] Home Depot v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceNoretta Elder sought permanent total disability benefits from West Boca Medical Center and Specialty Risk Services, and the judge of compensation clai…
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 Catastrophic Injury cases and more on FLexlaw
PER CURIAM.
Noretta Elder (appellant) appeals a final order entered by the judge of compensation claims denying her petition for permanent total disability (PTD) benefits, penalties, interest, costs and fees. We affirm without discussion, except to address appellant’s argument that under Home Depot v. Turner, 820 So. 2d 1075 (Fla. 1st DCA 2002), an employer/carrier (E/C) seeking to establish proof of a substantial earning capacity in defense to a claim for PTD benefits must specifically plead this as an affirmative defense, or forever waive it.
We do not read Home Depot to create such a pleading requirement; Home Depot addresses only the burden of proof in permanent total disability claims. See § 440.15(1)(b), Fla. Stat. (2001) (“Only a catastrophic injury as defined in s. 440.02 shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability.... In no other case may permanent total disability be awarded.”); Home Depot, 820 So. 2d at 1075-76 (holding the E/C bears the burden, not the claimant, “to demonstrate, by the conclusive proof required statutorily, that claimant maintained a substantial earning capacity despite her impairment”).
AFFIRMED.
BARFIELD, BROWNING and HAWKES, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Home Depot and Sedgwick CMS v. Turner, 820 So. 2d 1075 (Fla. 1st DCA 2002)