CITY OF OCALA AND CORPORATE GROUP SERVICES, INC., APPELLANTS,
v.
RALPH D. COLLINS, APPELLEE
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In this workers' compensation appeal, the employer/servicing agent challenged awards of wage loss benefits, attorney's fees, and temporary total disability (TTD) benefits. The court reversed the wage loss benefits and attorney's fees awards but affirmed the TTD benefits award as modified.
The court reversed the wage loss benefits and attorney's fees awards because wage loss benefits are not awardable before MMI is reached, and no finding of prior MMI was made or supported by the record. The court affirmed the TTD benefits award but modified it to clarify that TTD benefits continue until the claimant reaches MMI or is able to return to work, whichever comes first.
[1] Wage loss benefits are not awardable before a claimant reaches maximum medical improvement.
[2] An award of attorney's fees based on the termination of wage loss benefits must be reversed if the wage loss benefits award is reversed.
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Establishes the legal standard that MMI must be reached before wage loss benefits are available.
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Join FLexlaw to unlock all legal intelligenceCollins sustained a compensable work injury on August 18, 1981. The employer/servicing agent voluntarily paid TTD benefits until October 12, 1982, and…
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MILLS, Judge.
In this workers’ compensation appeal, the employer/servicing agent contend the deputy commissioner erred in awarding wage loss benefits, attorney’s fees and temporary total disability (TTD) benefits. We reverse the awards of wage loss benefits and attorney’s fees. We modify the award of TTD benefits and affirm it as modified.
Collins sustained a compensable injury on 18 August 1981. The employer/servicing agent voluntarily paid TTD benefits until 12 October 1982 and wage loss benefits until 1 April 1983. When the wage loss benefits were cut off, Collins sought a hearing on his entitlement to wage loss and TTD benefits. Collins also sought attorney’s fees based on the employer/servicing agent’s alleged bad faith in terminating wage loss benefits.
The deputy commissioner found Collins had not yet reached maximum medical improvement (MMI). He ordered the employer/servicing agent to pay wage loss benefits from 1 April 1983 to 26 May 1983 and TTD benefits from 26 May 1983 until Collins reaches MMI. The deputy commissioner also found the employer/servicing agent acted in bad faith in cutting off wage loss benefits and ordered the employer/servicing agent to pay attorney’s fees pursuant to Section 440.34(3)(b), Florida Statutes (1983).
Wage loss benefits are not awarda-ble before a claimant reaches MMI. Section 440.15(3)(b), Florida Statutes (1983). The deputy commissioner did not find Collins reached MMI prior to the period for which he awarded wage loss benefits. There is also nothing in the record suggesting a prior finding of MMI. The award of wage loss benefits must be reversed.
Because the award of wage loss benefits must be reversed, the award of attorney’s fees based on the employer/servicing agent’s termination of wage loss benefits must also be reversed.
There is competent substantial evidence supporting the deputy commissioner’s finding that Collins had not yet reached MMI. There is also competent substantial evidence supporting the award of TTD benefits. That award, however, must be modified to reflect that TTD benefits shall continue until the claimant reaches MMI or is able to return to work, which ever comes first. City of Miami v. Grenka, 423 So. 2d 565 (Fla. 1st DCA 1982).
AFFIRMED in part, and REVERSED in part.
SHIVERS and WIGGINTON, JJ., concur.
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Emro Mktg. & Frank Gates Serv. Co. v. Schwier, 670 So. 2d 1141 (Fla. 1st DCA 1996)…cases did not involve a situation in which the JCC reserved jurisdiction for the period following the date of the hearing, as the JCC did here. See City of Miami v. Grenka, 423 So. 2d 565, 566 (Fla. 1st DCA 1982); see also City of Ocala v. Collins, 453 So. 2d 115, 116 (Fla. 1st [*1143] DCA 1984) (modifying award of TTD until claimant reaches MMI to read until claimant reaches MMI or is able to return to work, whichever occurs first). Further, only a final order “in full force and effect” may be enforced in…
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