RAYMOND MASON, APPELLANT,
v.
RAPID TRANSPORT AND AETNA CASUALTY & SURETY COMPANY, APPELLEES

Fla. 1st DCA | 1985-06-06
No. AZ-281
ERVIN, C.J., and BOOTH and THOMPSON, JJ., concur.
470 So. 2d 91 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 2 cases

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.

Synopsis

A workers' compensation appeal concerning whether a claimant injured in a work accident was entitled to temporary total disability benefits for various periods. The court held that the claimant was entitled to benefits from August 17-29, 1983 and September 7 through October 18, 1983, but not thereafter.


Holding

The court reversed the denial of benefits for August 17-29, 1983 and September 7 through October 18, 1983, but affirmed the denial of benefits subsequent to October 18, 1983. The claimant was entitled to benefits during periods when he was not released by his doctor and did not know he could return to work, but not after being advised to seek a new occupation without making any job search effort.


Headnotes

[1] A claimant's failure to search for work does not preclude temporary total disability benefits when the claimant did not know or should not have known that they were relea…

[2] A denial of temporary total disability benefits is reversed when there is no competent, substantial evidence to support a finding that the claimant was able to work durin…

Previewing 2 of 4 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

Key Quotes

“Even assuming direct retrospective testimony that claimant was able to undertake some light employment as early as October of 1980, a reversal of benefits here cannot logically rest on his failure to seek work in the absence of any evidence that he knew or should have known that he was released for that purpose.”

Establishes the key legal principle that benefits cannot be denied for inadequate job search without evidence the claimant knew he was released for work.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Claimant Raymond Mason injured his back on August 17, 1983, while changing a flat tire. On August 19, he saw his family physician, received medication…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on appeal from a workers’ compensation order which awards claimant temporary total disability benefits for the period of August 29, 1983, through September 7, 1983, but denies benefits from August 19, 1983, through August 29, 1983, and subsequent to September 7, 1983.

Claimant injured his back while changing a flat tire on August 17, 1983. On August 19, claimant was seen by his family physician, put on medication, and referred to Dr. Sciaretta, an orthopedic surgeon. On August 29, Dr. Sciaretta examined claimant and diagnosed him as having lumbar disc syndrome with sciatic nerve involvement, and recommended a myelogram. At this time, the doctor advised claimant to stay out of work an additional week and lie recumbent. At the next appointment, on September 7, no mention of returning to work was made. On October 18, claimant was advised by his doctor to seek a change of occupation.

Claimant claimed temporary total disability benefits from August 17, 1983, the date of the accident, to February 15, 1984, the date of the hearing. Benefits from August 17 through August 29 were denied because the deputy found claimant “did not undergo any medical care until August 29,1983.” Benefits after September 7, 1983, were denied because the deputy concluded, based on Dr. Sciaretta’s testimony, that the claimant was able to work at that time, and claimant failed to perform any job search.

Although there is evidence that claimant was probably able to work as of September 7, 1983, he was not released by his doctor to return to work, nor did claimant know he could return to work. In Fulmer-Orlando v. Taylor, 419 So. 2d 734, 735 (Fla. 1st DCA 1982), this court held:

Even assuming direct retrospective testimony that claimant was able to undertake some light employment as early as October of 1980, a reversal of benefits here cannot logically rest on his failure to seek work in the absence of any evidence that he knew or should have known that he was released for that purpose.

Therefore, the denial of temporary total disability benefits based on an inadequate job search from September 7, 1983, through October 18, 1983, is reversed.

The denial of benefits subsequent to October 18, 1983, is affirmed. At that time, claimant was advised by his doctor to seek a new occupation. Claimant’s failure to make any job seárch precludes recovery after the date on which he was advised to seek work.

There is no competent, substantial evidence to support a finding that claimant was able to work from August 17 through 29 of 1983. The only evidence in the record indicates claimant was unable to work at that time. As the deputy found, claimant received medical care on August 19, two days after the accident, and was put on medication and referred to an orthopedic surgeon. When seen by an orthopedic surgeon ten days later, claimant was kept out of work even longer. The denial of benefits from August 17 through 29 is therefore reversed. Sun ’n Lakes Inn, Inc. v. Folsom, 426 So. 2d 1265 (Fla. 1st DCA 1983).

Accordingly, the order below is affirmed in part, reversed in part, and the cause remanded for proceedings consistent herewith.

ERVIN, C.J., and BOOTH and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Wal-Mart Stores, Inc. v. Liggon, 668 So. 2d 259 (Fla. 1st DCA 1996)
    …rs that Liggon performed very few, if any, job searches following her release to work in April 1994, as explained below, competent substantial evidence does not support the JCC’s excusal of her job search after that date. See Mason v. Rapid Transp., 470 So. 2d 91, 92 (Fla. 1st DCA 1985) (court affirmed denial of TTD benefits because “[cjlaimant’s failure to make any job search precludes recovery after the date on which he was advised to seek work”). Cf. Bill’s Equipment and Rentals v. Teel, 498 So. 2d 536, 5…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw