FRANK WINSTON CRUM INSURANCE, INC., APPELLANT,
v.
LEANDRO MONTES DE OCA, APPELLEE
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The court reversed a temporary total disability award where the only medical evidence in the record showed the claimant's surgeon recommended return to work, finding the award unsupported by competent, substantial evidence.
Temporary total disability benefits cannot be awarded when the only medical evidence in the record is the treating surgeon's recommendation that the claimant return to work.
[1] Temporary total disability benefits require competent, substantial medical evidence of incapacity; a treating surgeon's recommendation to return to work contradicts such…
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Join FLexlaw to unlock all legal intelligenceClaimant Leandro Montes De Oca sought temporary total disability benefits from February 5, 2009, through October 7, 2009. The only medical evidence in…
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The Employer/Carrier (“E/C”) appeals a final compensation order, arguing that the Judge of Compensation Claims (“JCC”) erred in awarding Claimant, Leandro Montes De Oca, temporary total disability (“TTD”) benefits from February 5, 2009, through October 7, 2009, the date of the final hearing. As the E/C contends, the TTD award at issue is not supported by competent, substantial evidence. The only *977medical evidence contained in the record pertaining to this time period came from Claimant’s surgeon’s February 5, 2009, medical report, wherein the surgeon recommended that Claimant return to work and set forth that he had carefully discussed the recommendation with Claimant. We, therefore, reverse the compensation order as to the TTD award from February 5, 2009, through the date of the final hearing and remand the case for further proceedings. See Yellow Cab v. Landin, 780 So.2d 296, 296 (Fla. 1st DCA 2001) (reversing the award of TTD benefits from April 1999 until the date of the final hearing where all of the medical evidence indicated that the claimant was capable of working and where the only evidence offered in support of the TTD award was the claimant’s subjective belief that she was incapable of doing any work offered by the employer).
REVERSED and REMANDED for further proceedings.
DAVIS, VAN NORTWICK, and ROWE, JJ., concur.
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- Yellow CAB & Transp. Cas. Ins. Co. v. Landin, 780 So. 2d 296 (Fla. 1st DCA 2001)