DEBRA BUTTRICK, APPELLANT,
v.
BY THE SEA RESORTS AND CLAIMS CENTER, APPELLEES
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The court reversed and remanded a workers' compensation case because the Judge of Compensation Claims failed to make a finding on whether the claimant achieved maximum medical improvement, which is necessary for meaningful appellate review of a permanent total disability claim.
A Judge of Compensation Claims must make sufficient findings regarding a claimant's maximum medical improvement status to permit appellate review of a permanent total disability claim.
[1] A Judge of Compensation Claims must make explicit findings regarding a claimant's maximum medical improvement status to enable meaningful appellate review of permanent to…
[2] Connection between physical limitations and inability to locate employment after an exhaustive good-faith job search may be inferred rather than proven by direct evidence…
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Join FLexlaw to unlock all legal intelligence“make sufficient findings of ultimate facts to permit appellate review”
The court cited University of Miami v. West for the principle that a JCC must make sufficient findings of ultimate facts to permit appellate review.
Debra Buttrick, a workers' compensation claimant, appealed a denial of her permanent total disability benefits claim.…
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In this workers’ compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) erred in denying her claim for permanent total disability (PTD) benefits and the associated penalties, interest, costs, and attorney’s fees. Because the JCC failed to make a finding as to whether Claimant achieved maximum medical improvement (MMI), meaningful appellate review is impossible. See Univ. of Miami v. West, 8 So.3d 1193, 1193-94 (Fla. 1st DCA 2009) (holding JCC must “make sufficient findings of ultimate facts to permit appellate review”). Accordingly, we reverse and remand this matter to the JCC to clarify Claimant’s MMI status.
Should the JCC find Claimant to be at MMI, she is directed to this Court’s recent opinion addressing the proof necessary to establish a connection between a claimant’s physical limitations and the inability to locate employment after a lengthy job search. See Martinez v. Lake Park Auto Brokers, 60 So.3d 533, 534 (Fla. 1st DCA 2011) (“This court has never required direct proof of such a connection [between physical limitations and an unsuccessful job search]; rather this is a finding that may be inferred from a claimant’s inability to find employment after an exhaustive job search.... The job search must, however, be conducted in good faith, and JCCs retain discretion to find a job search inadequate.” (citation omitted)).
REVERSED and REMANDED for proceedings consistent with this opinion.
BENTON, C.J., WOLF, and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buttrick v. BY THE SEA Resorts, Inc., 108 So. 3d 658 (Fla. 1st DCA 2013)…Buttrick, Claimant, appeals for a second time the Judge of Compensation Claims’ (JCC’s) denial of her claim for permanent total disability (PTD) benefits, as well as penalties, interest, costs, and attorney’s fees. In Buttrick v. By The Sea Resorts, 84 So. 3d 476 (Fla. 1st DCA 2012), we reversed and remanded this matter “[b]ecause the JCC failed to make a finding as to whether Claimant achieved maximum medical improvement (MMI), [making] meaningful appellate review ... impossible.” Because the JCC once again…
Authorities Cited
- Univ. OF Miami & Gallagher Bassett Servs. v. Venda West, 8 So. 3d 1193 (Fla. 1st DCA 2009)
- Martinez v. Lake Park Auto Brokers, Inc., 60 So. 3d 533 (Fla. 1st DCA 2011)