AISHA VAN DYKE, APPELLANT,
v.
MATRIX EMPLOYEE LEASING AND FWCIGA/FIRST COMMERCIAL INSURANCE COMPANY OR FCIC C/O USIS, APPELLEES
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In this workers' compensation appeal, the First District Court of Appeal reversed the Judge of Compensation Claims' denial of temporary partial disability (TPD) benefits for a specific period, finding that the lower court failed to apply the correct legal standards established in Wyeth/Pharma Field Sales v. Toscano. The court affirmed the denial of other benefits where competent substantial evidence supported the JCC's findings.
The court reversed the JCC's denial of TPD benefits from November 2, 2004, through February 28, 2005, and remanded for reconsideration under the proper legal standards established in Wyeth/Pharma Field Sales v. Toscano. The court affirmed the denial of TPD benefits after March 1, 2005, and the denial of medical care authorization because competent substantial evidence supported those denials.
[1] A workers' compensation order denying temporary partial disability benefits must be reversed and remanded if it fails to demonstrate that the Judge of Compensation Claims…
[2] A Judge of Compensation Claims' denial of temporary partial disability benefits may be affirmed if competent substantial evidence supports the finding that the claimant n…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the order on appeal fails to demonstrate that the JCC, who did not have the benefit of our recent decision in Wyeth/Pharma Field Sales v. Toscano, 40 So. 3d 795, 799 (Fla. 1st DCA 2010), utilized the appropriate legal standards in evaluating Claimant's entitlement to TPD benefits from November 2, 2004, through February 28, 2005, we reverse and remand the JCC's denial of TPD benefits for this period”
Establishes the basis for reversal—the JCC failed to apply the correct legal standard from Toscano when evaluating TPD entitlement.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClaimant Aisha Van Dyke sought temporary partial disability benefits from November 2, 2004, through February 28, 2005, and authorization for medical c…
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In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) which denies her claims for temporary partial disability (TPD) benefits and for the authorization of medical care. Because the order on appeal fails to demonstrate that the JCC, who did not have the benefit of our recent decision in Wyeth/Pharma Field Sales v. Toscano, 40 So.3d 795, 799 (Fla. 1st DCA 2010), utilized the appropriate legal standards in evaluating Claimant’s entitlement to TPD benefits from November 2, 2004, through February 28, 2005, we reverse and remand the JCC’s denial of TPD benefits for this period (along with the claims for penalties, interest, costs, and attorney’s fees pertaining to this issue) for additional proceedings. See id.; see also Alie v. Crum Staffing, Inc., 41 So.3d 1007 (Fla. 1st DCA 2010); Matthews v. Nat’l Pump Compressor, 41 So.3d 982 (Fla. 1st DCA 2010). We affirm the JCC’s denial of the remainder of compensation benefits at issue, because competent substantial evidence supports the JCC’s finding that Claimant no longer had work restrictions as of March 1, 2005. See § 440.15(4)(a), Fla. Stat. (2008) (stating TPD payable where medical conditions create restrictions on employee’s ability to return to work). Further, we affirm the JCC’s denial of the claim for authorization of a doctor, because competent substantial evidence supports the JCC’s finding's that Claimant failed to establish the medical necessity of this care. See Laxner v. Target Corp., 41 So.3d 396, 397 (Fla. 1st DCA 2010).
Accordingly, we REVERSE and REMAND the JCC’s denial of TPD benefits from November 2, 2004, through February 28, 2005, for additional proceedings, and AFFIRM the remainder of the order on appeal.
VAN NORTWICK, THOMAS, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wyeth/Pharma Field Sales & Gallagher Bassett v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010)
- Laxner v. Target Corp. & Sedgwick CMS, 41 So. 3d 396 (Fla. 1st DCA 2010)
- Alie v. Crum Staffing, 41 So. 3d 1007 (Fla. 1st DCA 2010)
- ' Eugene Matthews v. Nat'l Pump Compressor, 41 So. 3d 982 (Fla. 1st DCA 2010)