BROWARD INVESTMENT CORPORATION AND G.A.B. BUSINESS SERVICES, APPELLANTS,
v.
ROGER PAIEMENT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this workers' compensation appeal, the First District Court of Appeal reversed the deputy commissioner's award of temporary total disability (TTD) benefits covering a claimant's entire three-year period from injury through claim resolution, finding insufficient medical evidence and no documented effort to return to work. The court affirmed awards for permanent partial impairment benefits, penalties, and costs, but remanded for entry of an order awarding TTD benefits only for specific periods supported by competent evidence.
The court reversed the award of TTD benefits for the entire period, finding insufficient medical evidence of continuous total disability and no documented efforts to return to work. The court held that claimant is entitled to TTD benefits only for three specific periods: February 28, 1977, through November 1, 1977; July 27, 1978, through January 31, 1979; and August 5, 1980, through January 14, 1981, based on competent substantial evidence in the record.
[1] Temporary total disability benefits require medical evidence of the claimant's inability to work and a conscientious effort to return to work.
[2] An award of temporary total disability benefits may be reversed in part if the record lacks medical evidence or evidence of a diligent effort to return to work for the en…
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“Absent medical evidence that claimant was unable to work, and absent an effort to return to work in order to show his inability to work, claimant is not entitled to receive TTD benefits.”
Establishes the two-part test required for TTD benefits: medical evidence of inability to work and demonstration of effort to return to work.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn February 27, 1977, Paiement, a 64-year-old owner-general manager of a small motel in Ft. Lauderdale Beach, slipped and fell while replacing a guest…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Temporary Total Disability Benefits cases and more on FLexlaw
WIGGINTON, Judge.
This is a workers’ compensation appeal from an order of the deputy commissioner awarding claimant temporary total disability benefits, permanent partial impairment benefits, penalties, interests, costs and attorney’s fees. We affirm in part, and reverse in part.
On or about February 27, 1977, the date of the injury, claimant, a sixty-four year old male, was the owner-general manager of a small motel on Ft. Lauderdale Beach. While replacing a guest’s television, claimant slipped and fell, injuring his back. He received intermittent treatment for the next three years. Claimant filed his claim on August 5, 1980, claiming all benefits for which he was. entitled under Chapter 440. A hearing was held on February 17, 1981, after which the deputy commissioner awarded TTD benefits from February 28, 1977, through January 14, 1981, and benefits for permanent partial impairment at 20% of the body as a whole thereafter. We reverse that part of the deputy’s order awarding claimant TTD benefits for the entire period from February 28, 1977, through January 14, 1981. Our review of the record reveals that there is lacking medical evidence as to claimant’s being temporarily totally disabled throughout the whole three-year period. Further, there was no evidence of a conscientious effort on claimant’s part to return to work during any period of time. Absent medical evidence that claimant was unable to work, and absent an effort to return to work in order to show his inability to work, claimant is not entitled to receive TTD benefits. See generally Palm Beach Newspapers, Inc. v. Roston, 404 So. 2d 174 (Fla. 1st DCA 1981); and McKenney v. School Board of Palm Beach County, 408 So. 2d 655, (Fla. 1st DCA, 1981).
However, from the record, there is competent substantial evidence on which to base a finding that claimant was temporarily totally disabled during portions of that period of time.
Consequently, we hold that claimant is entitled to TTD benefits from February 28, 1977, through November 1,1977; from July 27, 1978, through January 31, 1979; and from August 5, 1980, through January 14, 1981. We affirm that portion of the deputy’s order awarding permanent partial benefits, penalties and costs.
Accordingly, this cause is reversed and remanded with instructions that the deputy commissioner enter an order consistent with this opinion.
ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Palm Beach Newspapers, Inc. v. Roston, 404 So. 2d 174 (Fla. 1st DCA 1981)
- McKENNEY v. Sch. Bd. OF Palm Beach Cnty., 408 So. 2d 655 (Fla. 1st DCA 1981)