Brown v. Sunland Training Center, Division of Risk Management

District Court of Appeal of Florida

Brown v. Sunland Training Center, Division of Risk Management

409 So. 2d 1080, 1982 Fla. App. LEXIS 18860

CourtDistrict Court of Appeal of Florida

DecidedJanuary 5, 1982

DocketNo. YY-478

StatusPublished

Cited by1 cases

This text of 409 So. 2d 1080 (Brown v. Sunland Training Center, Division of Risk Management) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. Sunland Training Center, Division of Risk Management, 409 So. 2d 1080, 1982 Fla. App. LEXIS 18860 (Fla. Ct. App. 1982).

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PER CURIAM.

Claimant appeals and the employer/carrier cross-appeal from a workers’ compensation order awarding claimant 27% permanent partial disability benefits of the body as a whole due to her partial loss of hearing and orthopedic and psychiatric problems resulting from the two compensa-ble accidents. Although there is competent, substantial evidence to support the award of permanent partial disability benefits, the deputy commissioner erred in failing to determine the date upon which claimant reached total maximum medical improvement as a result of the two accidents. It is improper to begin payment of permanent benefits without a determination of the date of total maximum medical improvement. Southern Bell Telephone & Telegraph Company v. Rollins, 390 So.2d 93 (Fla. 1st DCA 1980); South Carolina Insurance Company v. Blackman, 380 So.2d 1144 (Fla. 1st DCA 1980). Therefore, we remand on this point to allow a determination of the date upon which claimant reached total maximum medical improvement for her overall disability on this record.

All other points on appeal and cross-appeal are affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.

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PER CURIAM.

Claimant appeals and the employer/carrier cross-appeal from a workers’ compensation order awarding claimant 27% permanent partial disability benefits of the body as a whole due to her partial loss of hearing and orthopedic and psychiatric problems resulting from the two compensa-ble accidents. Although there is competent, substantial evidence to support the award of permanent partial disability benefits, the deputy commissioner erred in failing to determine the date upon which claimant reached total maximum medical improvement as a result of the two accidents. It is improper to begin payment of permanent benefits without a determination of the date of total maximum medical improvement. Southern Bell Telephone & Telegraph Company v. Rollins, 390 So.2d 93 (Fla. 1st DCA 1980); South Carolina Insurance Company v. Blackman, 380 So.2d 1144 (Fla. 1st DCA 1980). Therefore, we remand on this point to allow a determination of the date upon which claimant reached total maximum medical improvement for her overall disability on this record.

All other points on appeal and cross-appeal are affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.

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409 So. 2d 1080, 1982 Fla. App. LEXIS 18860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-sunland-training-center-division-of-risk-management-fladistctapp-1982.

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