PLYMOUTH CITRUS PRODUCTS, SELF-INSURED, AND CORPORATE GROUP SERVICE, INC., SERVICING AGENT, APPELLANTS,
v.
CLEZELLA JACKSON AND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, APPELLEES

Fla. 1st DCA | 1982-07-23
No. AF-120
MILLS, LARRY G. SMITH, and SHAW, JJ., concur.
417 So. 2d 294 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 4 cases

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Synopsis

Plymouth Citrus Products appeals a workers' compensation order awarding temporary total disability benefits and penalties for late payment. The court affirmed the finding of causal relationship between the claimant's knee injury and the industrial accident, but modified the penalty award to run only from the date the employer denied medical authorization after receiving notice of the claimant's ongoing condition.


Holding

The court affirmed that the claimant's injury was causally related to the industrial accident and that temporary total disability benefits were owed. The court reversed and remanded regarding penalties, holding that penalties should run only from February 4, 1981 (the date of the denial of medical authorization), not from the entire period of nonpayment, because the employer's prior non-payment resulted from conditions over which it had no control.


Headnotes

[1] A deputy's reliance on a physician's testimony is proper when determining the causal relationship between an industrial accident and a claimant's injury.

[2] An employer's denial of a claimant's requested medical treatment can trigger penalties for late payment of benefits, even if the employer initially believed the claimant…

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Key Quotes

“We find no error in the deputy's reliance upon the testimony of Dr. Johnson and his determination that the claimant was temporarily totally disabled from the date of the accident to the date of the hearing, except for two weeks of temporary employment.”

Establishes the court's affirmance of the causal relationship between the injury and accident and the finding of temporary total disability.

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Facts & Procedural History

Clezella Jackson fell on January 17, 1980, and suffered a left knee injury. She received temporary total disability benefits through March 8, 1980, bu…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer/carrier (E/C) appeals a compensation order finding that claimant’s injury to her left knee was causally related to an industrial accident and that penalties should be awarded for late payment of benefits. We AFFIRM in part, REVERSE in part, and REMAND with directions.

Claimant fell on January 17,1980, and suffered an injury for which she received temporary total disability benefits through March 8, 1980. She was seen by numerous doctors, but continued to complain of pain, an inability to work, and ineffective medical treatment. On February 2, 1981, the claimant formally requested, by letter, medical treatment from Dr. James C. Johnson. The self-insured employer informed her on February 4, that it would not authorize treatment by Dr. Johnson or any other treating physician in this case. Notwithstanding a lack of authorization, she was examined by Dr. Johnson, who discovered that she suffered from a recurrent dislocation of the left kneecap which he attributed to the January 17, 1980, accident. We find no error in the deputy’s reliance upon the testimony of Dr. Johnson and his determination that the claimant was temporarily totally disabled from the date of the accident to the date of the hearing, except for two weeks of temporary employment. We affirm Points I, II, and III accordingly.

Having determined that temporary total disability benefits are due the plaintiff, the award of penalties is proper unless nonpayment of benefits resulted from conditions over which the employer had no control, or notice to controvert was properly filed with the division. The latter exception is not applicable in this instance, but it appears from the record that prior to February 4,1981, the denial of benefits resulted from conditions over which the employer had no control. Information available to the employer prior to that date indicated that the claimant was able to work and therefore not entitled to temporary total benefits. This situation, however, no longer existed after receipt of the February 2 letter which should have put the carrier on notice that the claimant’s condition needed investigation. Having elected to deny the requested authorization, the employer is now in a poor position to complain of penalties in light of the deputy’s acceptance of Dr. Johnson’s testimony confirming the temporary total disability. Penalties should run from the February 4, 1981, denial of medical authorization. Continued ignorance of the claimant’s condition was self-imposed.

AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.

MILLS, LARRY G. SMITH, and SHAW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Perkins Rest. & Wausau Ins. Co. v. Cruz, 541 So. 2d 1279 (Fla. 1st DCA 1989)
    …notice to controvert had not been filed, and that the failure to pay compensation on the basis of the correct average weekly wage did not result from conditions over which the employer/carrier had no control. See Plymouth Citrus Products v. Jackson, 417 So. 2d 294 (Fla. 1st DCA 1982). Section 440.20(7), Florida Statutes (1987), provides in part: If any installment of compensation for ... disability, ... or wage loss payable without an award is not paid within 14 days after it becomes due, ... there shall be…
  • Carnegie Gardens & United Self Insured Servs. v. Mize, 538 So. 2d 1313 (Fla. 1st DCA 1989)
    …is opinion. In decretal paragraph 2) of his order, the dc established April 1, 1987 as the date from which penalties should be assessed against the e/c for nonpayment of TTD benefits. In this regard, the case of Plymouth Citrus Products v. Jackson, 417 So. 2d 294 (Fla. 1st DCA 1982) is instructive. There, the claimant had an industrial accident on January 17, 1980 for which she received TTD benefits until March 8, 1980. On February 2, 1981, claimant sent a letter to the e/c requesting treatment from a Dr. Jo…

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