CITY OF MIAMI, APPELLANT,
v.
DIANE GRENKA, APPELLEE
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The court held that there was competent substantial evidence to support the compensation order, including a causal connection between the claimant's problems and her industrial accident, and concurrent employment.
The employer appealed a compensation order awarding temporary total disability, medical bills, penalties, costs, attorneys' fees, and nursing services…
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MILLS, Judge.
The employer appeals a compensation order requiring payment of temporary total disability (TTD), medical bills, penalties, costs, attorneys’ fees and nursing services. We affirm.
There is competent substantial evidence of a causal connection between Gren-ka’s current problems and her industrial accident. The employer asserts that the problems were caused by an intentional drug overdose. Grenka denies having taken drugs. The trier of fact may have believed this and we will not second guess him.
Dr. Nagaswami testified to Grenka’s inability to care for herself and her need for constant help. This is adequate medical evidence of an inability to return to work, although conceivably there exists some form of gainful employment for Grenka. The award of TTD until the date of hearing is affirmed. Of course, should the claimant improve medically 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 Grenka received a benefit of $200 weekly. Concurrent employment within Section 440.-14(l)(a), Florida Statutes (1981), was established.
The entitlement to nursing services is supported by Dr. Nagaswami’s testimony, Coca-Cola Company v. Long, 420 So. 2d 900 (Fla. 1st DCA 1982).
AFFIRMED.
ROBERT L. SMITH, Jr., C.J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Willard Kaufman Co. v. Rawlings, 414 So. 2d 641 (Fla. 1st DCA 1982)
- Tavares Grove Care & Fla. Farm Bureau Ins. Co. v. Simmons, 417 So. 2d 1175 (Fla. 1st DCA 1982)
- The Coca-Cola Company-Foods Div. & Gen. Accident Grp. v. Long, 420 So. 2d 900 (Fla. 1st DCA 1982)