JIMMIE KIRKLAND, PETITIONER,
v.
BENEDICT & JORDAN, LIBERTY MUTUAL INSURANCE COMPANY, JOHNNIE'S PRODUCE COMPANY, MARYLAND CASUALTY COMPANY, SPECIAL DISABILITY FUND, AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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This workers' compensation case addresses whether a claimant was temporarily totally disabled following an industrial accident. The Florida Supreme Court affirmed the Full Commission's reversal of the Deputy Commissioner's finding of temporary total disability, holding that the Deputy's decision lacked substantial evidentiary support.
The court agreed with the Full Commission that the Deputy Commissioner's finding of temporary total disability was not supported by competent substantial evidence, and affirmed the Commission's reversal and remand for determination of maximum medical improvement and extent of residual disability.
“temporary total disability" as the healing period or time during which the claimant is, by reason of injury, totally disabled and unable to work, and recovery is reasonably expected”
Court's established definition of the legal standard for temporary total disability in workers' compensation cases
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Join FLexlaw to unlock all legal intelligenceClaimant sustained a broken ankle and other injuries in a November 1956 industrial accident while employed by Benedict & Jordan. Medical testimony est…
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This is a companion case to Johnnie’s Produce Co. v. Benedict & Jordan, 120 So. 2d 12, and involves the workman’s compensation proceeding and order of the Full Commission there reviewed. The facts and the history of the litigation are recounted therein.
The instant petition for certiorari was filed by the claimant for review of that portion of the Commission’s order reversing the Deputy Commissioner’s finding that claimant was temporarily totally disabled! from January 1958 to October 20, 1958, as; a result of an accident sustained by claimant while in the employ of the respondent Benedict & Jordan in November 1956. We agree with the Full Commission that the Deputy Commissioner’s finding of fact in this respect was not supported by competent substantial evidence.
This court has defined “temporary total disability” as the healing period or time during which the claimant is, by reason of injury, totally disabled and unable to work, and recovery is reasonably expected. See Concord Realty Corp. v. Romano, 1947, 159 Fla. 1, 30 So.2d 495, 496. The uncontra-dicted medical testimony was that claimant had reached his maximum improvement from the injuries sustained in his first employment in November 1956 — a broken ankle- and other injuries — prior to October 20, 1958, the date of his second industrial accident. The medical testimony as to the residual permanent disability to plaintiff’s foot and ankle varied from 5 percent to 15 percent of functional disability. The Commission also found, and we agree, that “there is nothing in the record to indicate that claimant could not have worked; as a matter of fact, at the time of the second injury, claimant was working.”
Accordingly, we agree with the respondent that the Full Commission “was eminently correct in remanding this case to its Deputy for the determination of the date of the claimant’s maximum medical improvement and the extent of his residual disability from the injuries suffered in his first accident.”
The claimant’s petition for certiorari is, therefore, denied.
; THOMAS, C. J., and DREW, THOR-NAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnnie's Produce Co. v. Benedict & Jordan, 120 So. 2d 12 (Fla. 1960)…that -the claimant was temporarily totally dis.abled from January 1958 through October 20, 1958. The Commission’s ruling in this respect was affirmed by this court, upon petion for certiorari filed by the claimant, in Kirkland v. Benedict & Jordan, 120 So. 2d 169. As to that portion of the Deputy Commissioner’s award holding the first employer liable for one-half of the medical and compensation benefits payable to claimant for the temporary total disability resulting from the back injury sustained in the co…
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Cornelius & Sons, Inc. v. McGREW, 387 So. 2d 508 (Fla. 1st DCA 1980)…treatment misses the mark. Temporary total disability is defined as the healing period or time during which the claimant is,by reason of injury, totally disabled and unable to work and recovery is reasonably expected. Kirkland v. Benedict & Jordan, 120 So. 2d 169 (Fla.1960). Finally, as to the award of attorney’s fees, we find that the order is so devoid of findings as to frustrate review. It fails to give any information by which we can determine what criteria in Lee Engineering & Construction Company v. F…
Authorities Cited
- Concord Realty Corp'n & Iowa Mut. Liab. Ins. Co. v. Romano, 159 Fla. 1 (Fla. 1947)
- Johnnie's Produce Co. v. Benedict & Jordan, 120 So. 2d 12 (Fla. 1960)