TAVARES GROVE CARE AND FLORIDA FARM BUREAU INSURANCE COMPANY, APPELLANTS,
v.
KENNETH SIMMONS, APPELLEE
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Florida appellate court affirmed workers' compensation award of temporary total benefits but amended the decree to comply with statutory requirements that such benefits continue until maximum medical improvement or return to work.
An award of temporary total benefits must specify that payments continue until the claimant reaches maximum medical improvement (MMI) or is able to return to work, whichever occurs first.
[1] An award of temporary total disability benefits must expressly state that payments shall continue until the claimant reaches maximum medical improvement or is able to ret…
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Join FLexlaw to unlock all legal intelligenceAn employer and its workers' compensation carrier appealed an order awarding temporary total benefits to an injured claimant at $217.75 per week begin…
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ERVIN, Judge.
In this workers’ compensation appeal, the employer/earrier raises four points from the order entered. We affirm as to the first two points raised, finding competent and substantial evidence supporting the order as it relates to those two asserted errors. As to the fourth point, alleging error in awarding claimant costs, interest and attorney’s fees, we note that the deputy retained jurisdiction only for that purpose, hence that portion of the order is not yet final and will not be considered by us in this appeal. See Mills Electrical Contractors v. Marthens, et al., 417 So. 2d 700 (Fla. 1st DCA 1982).
The third point on appeal attacks the decretal portion of the order which directed the employer/earrier to “[p]ay to the claimant temporary total benefits from May 24, 1981 and continuing, at the rate of $217.75 per week.” The appellee concedes that the form of the order does not comply with those opinions of this court requiring that an award of temporary total benefits shall continue until claimant reaches MMI or is able to return to work. See e.g., Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982); Lake Highland Nursing Home v. Everett, 397 So. 2d 380 (Fla. 1st DCA 1981); Fowler Harvesting v. Thompson, 394 So. 2d 1086 (Fla. 1st DCA 1981). Accordingly, the decretal portion of the order awarding temporary total benefits is stricken and amended as follows: The employer/carrier shall pay to the claimant temporary total benefits until such time that claimant reaches MMI or is able to return to work, whichever first occurs.
The order is otherwise affirmed.
MeCORD and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Emro Mktg. & Frank Gates Serv. Co. v. Schwier, 670 So. 2d 1141 (Fla. 1st DCA 1996)…ct ripe for review at the time of the April 6 hearing. An award of TTD benefits is proper “until such time that claimant reaches MMI [maximum medical improvement] or is able to return to work, whichever first occurs.” Tavares Grove Care v. Simmons, 417 So. 2d 1175, 1176 (Fla. 1st DCA 1982); accord Carnegie Gardens v. Mize, 538 So. 2d 1313, 1314-16 (Fla. 1st DCA 1989) (TTD status ends when a claimant reaches MMI or is able to return to work). Although this court has corrected awards of TTD until the date of th…
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Carnegie Gardens & United Self Insured Servs. v. Mize, 538 So. 2d 1313 (Fla. 1st DCA 1989)…the present “and continuing” is [*1315] improper because it is too indefinite and fails to take into account that TTD status ends when a claimant reaches maximum medical improvement (MMI) or is able to return to work. Tavares Grove Care v. Simmons, 417 So. 2d 1175 (Fla. 1st DCA 1982). Were it not for the fact that we must reverse and remand on the remaining issue, we would correct the error in the TTD benefits award ourselves by modification as was done in Tavares Grove Care rather than by reversal and reman…
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City OF Miami v. Grenka, 423 So. 2d 565 (Fla. 1st DCA 1982)…so that she is able to work, a work search will be required before further entitlement to TTD. The order is modified to award TTD until MMI or such time as the claimant is able to return to work, whichever comes first. Tavares Grove Care v. Simmons, 417 So. 2d 1175 (Fla. 1st DCA 1982); Willard Kaufman Company v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982). There is competent substantial evidence that Grenka was considered an employee by her husband’s business, that this was not self-employment, and that Gren…
Authorities Cited
- Mills Elec. Contractors & Old Republic Ins. Co. v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982)
- Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982)
- DuBOISE v. Jefferson Stores, Inc., 397 So. 2d 380 (Fla. 4th DCA 1981)
- Fowler Harvesting & Fla. Farm Bureau Ins. Co. v. Thompson, 394 So. 2d 1086 (Fla. 1st DCA 1981)