TIMOTHY ROGERS, APPELLANT,
v.
ONONTARIO OF PALM BEACH, INC., CRIMS, INC., AND FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF WORKERS' COMPENSATION, APPELLEES
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The court reversed and remanded a workers' compensation decision denying temporary partial disability benefits because the deputy's finding that the claimant lacked a chauffeur's license was erroneous and the MMI finding was immaterial to the claim period at issue.
A workers' compensation deputy's denial of temporary partial disability benefits must be remanded when based on an erroneous finding contradicted by the evidence and an immaterial MMI determination.
[1] An erroneous finding of fact contradicted by the only evidence in the record must be disregarded on remand for reweighing of evidence.
[2] A finding of maximum medical improvement with no permanent impairment is stricken as immaterial when it postdates the time period for which temporary partial disability b…
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Join FLexlaw to unlock all legal intelligenceTimothy Rogers, a claimant in a workers' compensation case, appealed a denial of temporary partial disability benefits for the period October 15, 1987…
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NIMMONS, Judge.
Claimant appeals from an order denying his claim for temporary partial disability benefits.
The deputy’s order, which found an inadequate work search, was based, in part, upon the order’s express finding that the claimant did not have a chauffeur’s license. This finding was erroneous because the only evidence pertaining thereto was that the claimant was, in fact, possessed of such license. We, therefore, remand in order for the deputy to reweigh the work search evidence without the above mentioned erroneous finding.
We also agree with appellant’s assertion that the deputy improperly found that appellant had reached MMI in February 1988 with no permanent impairment. Appellant sought compensation for the time period of October 15, 1987 through December 31, 1987 and payment of medical bills accrued during and before that time. The finding of MMI with no permanent impairment at a later date was not material to this claim and is therefore stricken from the order. See Crime Control, Inc. v. Burston, 522 So. 2d 929 (Fla. 1st DCA 1988) (erroneous but superfluous findings stricken); Gator Shoe Corp. v. Taborda, 488 So. 2d 856 (Fla. 1st DCA 1986) (premature ruling on issue of permanent impairment stricken). The denial of payment for chiropractic bills was proper and is affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED.
SHIVERS, C.J., and WENTWORTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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- Khawly v. Evelyne Reboul and Jean Claude Reboul, 488 So. 2d 856 (Fla. 3d DCA 1986)
- Gator Shoe Corp. & Gallagher Bassett Ins. Servs. v. Doriela Taborda, 488 So. 2d 856 (Fla. 1st DCA 1986)
- Crime Control, Inc. v. Frank Burston & the Dep't of Labor & Emp. Sec., 522 So. 2d 929 (Fla. 1st DCA 1988)