BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, APPELLANT,
v.
RICHARD DAMORE, APPELLEE
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PER CURIAM.
The Broward County Board of County Commissioners appeals the deputy commissioner’s order awarding benefits to Richard Damore. The Board raises three points on appeal only one of which merits our discussion. The deputy commissioner found that Damore reached maximum medical improvement on April 24, 1979, and yet awarded temporary total disability benefits for the period from August 4, 1978, until May 1, 1979. The date of maximum medical improvement marks the end of temporary disability and the beginning of permanent disability. Corral v. McCrory Corporation, 228 So. 2d 900 (Fla.1969); Metz Package Store # 4 v. Ransom, 9 FCR 46 (Fla.1974), cert. denied, 310 So. 2d 17 (Fla.1975). Accordingly, the deputy commissioner erred in awarding temporary total disability benefits beyond April 24, 1979. The order is reversed and the matter remanded with instructions to enter an order consistent with this opinion.
MILLS, C. J., and McCORD and THOMPSON, JJ., concur.
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Dan's Plumbing & CNA Ins. v. Smith, 410 So. 2d 941 (Fla. 1st DCA 1982)…pt under unusual circumstances not present here, the date of MMI marks the end of temporary disability benefits and the beginning of other disability benefits that may be due under the statute. Broward County Board of County Commissioners v. Damore, 391 So. 2d 286 (Fla. 1st DCA 1981); Department of Offender Rehabilitation v. Godwin, 394 So. 2d 1091 (Fla. 1st DCA 1981). Accordingly, the deputy commissioner erred in awarding TTD benefits beyond October 9, 1980, the date that Dr. Angelides determined claimant ha…
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Orange Cnty. Sch. Bd. & United Self-insured Servs. v. Melman, 721 So. 2d 1183 (Fla. 1st DCA 1998)…, 228 So. 2d 900, 903 (Fla. 1969); Coca-Cola Bottling Co. v. Tunson, 534 So. 2d 910, 911 (Fla. 1st DCA 1988); Department of Offender Rehabilitation v. Godwin, 394 So. 2d 1091, 1092 (Fla. 1st DCA 1981); Broward County Bd. of County Comm’rs v. Damore, 391 So. 2d 286, 286 (Fla. 1st DCA 1980). “The date of maximum medical improvement marks the end of temporary disability and the beginning of permanent disability.” Corral, 228 So. 2d at 903. But see City of Pensacola Firefighters v. Oswald, 710 So. 2d 95 (Fla. 1st…
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Sunland Training Ctr. & Div. of Risk Mgmt. v. Stephenson Woods, 413 So. 2d 161 (Fla. 1st DCA 1982)…of the trier of fact and not appellate courts, so we remand for the deputy to select a date of MMI based on the record. The award of TTD after the date of MMI was error, Corral v. McCrory Corp., 228 So. 2d 900 (Fla.1969); Broward County v. Damore, 391 So. 2d 286 (Fla. 1st DCA 1980). After finding the date of MMI, the deputy commissioner shall award temporary disability benefits till the date of MMI and permanent benefits thereafter. REVERSED and REMANDED. LARRY G. SMITH and SHAW, JJ., concur.…
Authorities Cited
- Corral v. McCRORY Corp., 228 So. 2d 900 (Fla. 1969)
- State v. Stern, 310 So. 2d 17 (Fla. 1974)
- Max A. Mogul et ux. v. Fodiman, 310 So. 2d 17 (Fla. 1975)