MIAMI DADE WATER & SEWER AUTHORITY AND OLD REPUBLIC INSURANCE COMPANY, APPELLANTS,
v.
ROBERT FUENTES, APPELLEE
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The court reversed a workers' compensation judge's award of temporary total disability benefits after determining the claimant reached maximum medical improvement on June 2, 1977, rather than April 18, 1978. The appellate court found no competent, substantial evidence supported the judge's findings regarding the maximum medical improvement date and the extended period of temporary total disability.
The appellate court held that claimant reached maximum medical improvement on June 2, 1977, not April 18, 1978; that permanent partial benefits begin on June 2, 1977; and that the award of temporary total disability benefits for the period after June 2, 1977, is reversed.
[1] A finding of maximum medical improvement must be supported by competent, substantial evidence.
[2] An award of temporary total disability benefits must be supported by competent, substantial evidence.
Previewing 2 of 4 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“Appellants argue that the findings as to the maximum medical improvement date and as to the period of temporary total disability are not supported by competent, substantial evidence. We agree and reverse.”
Establishes the appellate court's agreement with appellants' argument that the lower court's findings lacked evidentiary support.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClaimant Robert Fuentes suffered a work-related back injury on July 26, 1976. Dr. Ortiz examined him on June 2, 1977, and concluded he had reached max…
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SHIVERS, Judge.
This appeal is from an Order of the Judge of Industrial Claims finding that claimant suffered a compensable back injury on July 26, 1976; that claimant reached maximum medical improvement on April 18, 1978; and that claimant was temporarily and totally disabled between July 26, 1976, and December 13, 1976, and again between January 24, 1977, and April 17, 1978. Appellants argue that the findings as to the maximum medical improvement date and as to the period of temporary total disability are not supported by competent, substantial evidence.
We agree and reverse. The only active treatment received by claimant after February 11, 1977, was for a condition unrelated to the accident.
On June 2, 1977, claimant was examined by a Dr. Ortiz who was of the opinion that claimant had reached maximum medical improvement and was left with a 15% permanent partial impairment of the body.
On April 18,1978, claimant was re-examined by Dr. Ortiz who repeated the opinions expressed following the examination of June-2, 1977. Between June 2, 1977, and April 18, 1978, claimant was re-examined by two doctors who had previously examined claimant. Neither doctor offered claimant treatment.
The record does not support the findings that claimant reached maximum medical improvement on April 17, 1978, and that claimant was temporarily and totally disabled between June 2,1977, and April 17, 1978.
We hold that claimant reached maximum medical improvement on June 2, 1977; that permanent partial benefits are to begin on that date, and that the award of temporary total benefits for the period after June 2, 1977, is reversed.
The order is reversed and remanded for proceedings consistent herewith.
ERVIN and SHAW, JJ., concur.