HUNTLEY JIFFY STORES AND R.G.A.F. UNDERWRITERS, APPELLANTS/CROSS APPELLEES,
v.
JEANNE E. ALLEN, APPELLEE/CROSS APPELLANT
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The court reversed the award of temporary total disability benefits beyond August 15, 1982, finding no competent substantial evidence of continued total disability or good faith work search after that date, while affirming the award through August 15, 1982, and other findings.
Temporary total disability benefits cannot be awarded beyond August 15, 1982, absent medical evidence of continued total disability and evidence of good faith work search.
[1] Temporary total disability benefits in workers' compensation require competent substantial evidence of both medical incapacity for work and good faith efforts to seek emp…
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Join FLexlaw to unlock all legal intelligenceA claimant suffered a psychiatric condition from an industrial accident and was hospitalized from June 23 to July 2, 1982. The deputy commissioner awa…
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SHIVERS, Judge.
In this workers’ compensation case, the deputy commissioner found that claimant’s psychiatric condition was the result of her industrial accident and awarded temporary total disability benefits from May 30, 1982, to October 28, 1982, and continuing. The deputy commissioner also found that claimant’s hospitalization from June 23, 1982, to July 2, 1982, and the care of Dr. Kuwik prior to October 28, 1982, were unauthorized and that the employer/carrier is not responsible for the resulting bills.
The record contains no competent substantial evidence to support an award of temporary total disability benefits subsequent to August 15, 1982. There is no medical evidence showing that claimant was temporarily and totally disabled subsequent to that date, and there is no evidence of a good faith work search on the part of the claimant. See Fair-Way Restaurant v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982); Tallahassee Coca Cola Bottling Co. v. Parramore, 395 So. 2d 275 (Fla. 1st DCA 1981); Walter Glades Condominium v. Morris, 393 So. 2d 664 (Fla. 1st DCA 1981). That portion of the order sub judice awarding temporary total disability benefits subsequent to August 15, 1982, is, therefore, reversed. In all other respects, the order is supported by competent substantial evidence and is affirmed.
JOANOS and THOMPSON, JJ., concur.
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- Walter Glades Condo. v. Petunia Morris, 393 So. 2d 664 (Fla. 1st DCA 1981)
- Tallahassee Coca Cola Bottling Co. & Hartford Ins. Co. v. Parramore, 395 So. 2d 275 (Fla. 1st DCA 1981)
- Fair-Way Rest. & Aetna Ins. Co. v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982)