CONTEXT INDUSTRIES, AND UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLANTS,
v.
SUZANNE WALSH AND THE DIVISION OF WORKERS COMPENSATION, APPELLEES
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Florida appellate court affirmed the deputy commissioner's award of temporary total disability benefits for a psychiatric condition arising from an industrial accident, finding competent substantial evidence supported compensability despite the employee's part-time commission-based employment during the benefit period.
A worker suffering a psychiatric condition causally related to an industrial accident is entitled to temporary total disability benefits even if nominally employed part-time on commission but earning nothing due to the condition.
[1] An employee is entitled to temporary total disability benefits despite nominal part-time employment if she earns no income due to her work-related condition.
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Join FLexlaw to unlock all legal intelligenceAn employee suffered an industrial accident and subsequently developed a psychiatric condition. During the period from June 11 through November 10, 19…
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WIGGINTON, Judge.
Appellants, employer/carrier, appeal the deputy commissioner’s order finding a causal relationship between appellee’s industrial accident and her current psychiatric condition, and awarding her temporary total disability benefits from June 11, 1981 and continuing. Having considered the arguments of counsel and reviewed the voluminous record, much of which contains medical testimony taken live before the deputy commissioner, we find that competent substantial evidence supports the deputy commissioner’s finding of compensability and his award of temporary total disability benefits.
Our only concern over the validity of the order was that portion of temporary total disability benefits awarded from June 11 through November 10, 1981, a time during which it appears from the record that appellee was employed part-time by appellant Context Industries as a salesperson. However, our further review of the record reveals that, according to appellee’s testimony, during that time she was working strictly on commission but was earning nothing due to her inability to perform her job because of her condition. The severity of her condition was established by medical testimony. Therefore, we are fully satis fied that competent substantial evidence supports the deputy commissioner’s finding of temporary total disability from June 11, 1981 and continuing.
AFFIRMED.
MILLS and SHIVERS, JJ., concur.