CITY OF MIAMI, APPELLANT,
v.
DUANE GRAY, 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.
The City of Miami appeals a workers' compensation award to an employee injured on the job. The court reverses most disability and wage-loss awards, finding insufficient evidence that Gray's inability to work after discharge or wage-loss resulted from his compensable injury, while affirming TTD benefits for the hospitalization period.
The court reversed the TTD award for the post-discharge period because there was no medical evidence of inability to work, the discharge was unrelated to the injury, and Gray made no conscientious effort to find employment. The court affirmed TTD for the hospitalization period as competent, substantial evidence supported that hospitalization was linked to the back injury. The court reversed the TPD and continuing wage-loss awards for lack of evidence that wage-loss was caused by the compensable injury.
[1] Temporary total disability benefits are not recoverable for a period after an employee's discharge for reasons unrelated to a compensable injury, absent evidence of inabi…
[2] Temporary total disability benefits are supported by competent, substantial evidence when an employee's inability to work during hospitalization is linked to a compensabl…
Previewing 2 of 5 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“There is no medical evidence that Gray was unable to work after his discharge from the City, there is no contention that his discharge was due to his injury and there is no evidence that he made a conscientious effort to find employment.”
Establishes the basis for reversing TTD benefits for the post-discharge period—absence of injury causation and work-seeking effort.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuane Gray was injured while employed by the City of Miami. After his discharge from the City (for reasons unrelated to his injury), Gray subsequently…
The full statement of facts, procedural history, and disposition for this case are member content.
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JOANOS, Judge.
This is a workers’ compensation case in which the City of Miami (City) appeals the deputy commissioner’s order awarding the following: temporary total disability (TTD) benefits for a period of time after appellee Duane Gray (Gray) was fired from his job for reasons unrelated to his injury, until he began working another job at Saxon Paper Co. (Saxon) and for the period of time Gray was hospitalized; temporary partial disability (TPD) for the period of Gray’s employment with Saxon when he had not reached maximum medical improvement (MMI) or when he was hospitalized; wage-loss from August 27,1981, date of MMI, continuing as necessary; attorney’s fees; and costs.
There is no medical evidence that Gray was unable to work after his discharge from the City, there is no contention that his discharge was due to his injury and there is no evidence that he made a conscientious effort to find employment. Therefore, the award of TTD benefits for the period of time after his discharge from the City until his employment with Saxon is reversed; State v. Campbell, 417 So. 2d 1156 (Fla. 1st DCA 1982).
Gray’s inability to work during his hospitalization and the medical evidence linking the hospitalization to his back injury are competent, substantial evidence to support the award of TTD benefits for the hospitalization period. Campbell at 1157.
Under Section 440.15(4)(b), Florida Statutes (1979), TPD benefits were improperly awarded, absent a showing that Gray’s wage-loss was caused by the compensable injury. Wage-loss benefits for the period following MMI and continuing as necessary were also improperly awarded as Gray did not establish a wage-loss resulting from the compensable injury. Section 440.15(3)(b)(2), Florida Statutes (1979). Additionally, Gray testified that his job duties with Saxon were similar to those with the City. Considering the lack of any showing of wage-loss caused by the compensable injury, the awards of TPD based upon wage-loss and wage-loss after reaching MMI are reversed.
The award of attorney’s fees is also in error as it was based in part on the erroneous compensation awards.
Accordingly, the Order is REVERSED in part, AFFIRMED in part and REMANDED for redetermination of appropriate attorney’s fees.
LARRY G. SMITH and NIMMONS, JJ., concur.
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Baggett v. Mulberry Constr. Co. & Adjustco, 549 So. 2d 1386 (Fla. 1st DCA 1989)…establish that any wage loss claimed is the result of the compensable injury. It is well settled that it is the claimant’s burden to establish a causal relationship between his compensable injury and any subsequent wage loss. City of Miami v. Gray, 434 So. 2d 1009 (Fla. 1st DCA [*1389] 1983). This causal connection between an industrial injury and a subsequent wage loss should be determined in light of the totality of the circumstances. Mathis v. Lewis Bear Company, 511 So. 2d 663 (Fla. 1st DCA 1987); Rodrigu…
Authorities Cited
- State v. Blanche Campbell, 417 So. 2d 1156 (Fla. 1st DCA 1982)