CITY OF AUBURNDALE v. Searfoss

District Court of Appeal of Florida

CITY OF AUBURNDALE v. Searfoss

43 So. 3d 927, 2010 Fla. App. LEXIS 13567, 2010 WL 3584387

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 2010

Docket1D09-6473

StatusPublished

This text of 43 So. 3d 927 (CITY OF AUBURNDALE v. Searfoss) 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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CITY OF AUBURNDALE v. Searfoss, 43 So. 3d 927, 2010 Fla. App. LEXIS 13567, 2010 WL 3584387 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

In this workers’ compensation appeal, the employer/carrier (E/C) seek reversal of an order of the Judge of Compensation Claims (JCC) which finds a compensable accident and injury, and awards temporary total disability (TTD) benefits from March 25, 2009, through September 3, 2009. The E/C raises four issues. We reverse only as to the award of TTD benefits, affirm the remaining points on appeal, and remand the ease for further proceedings.

Relative to the award of TTD benefits, the JCC relied exclusively upon the medical opinion of an unauthorized doctor— who, based on the JCC’s findings, was not deemed authorized by law pursuant to this court’s holding in Parodi v. Florida Contracting Co., 16 So.3d 958 (Fla. 1st DCA 2009) (holding medical opinions of unauthorized doctors admissible where E/C wrongfully denied care after specific request for treatment made by claimant, requiring *928 claimant to resort to self-help provisions of section 440.13(2)(c)) — and, thus, no competent evidence supports the award of TTD for the period in question. See § 440.13(5)(e), Fla. Stat. (2008). Notwithstanding, the record contains admissible evidence which might support an award of temporary partial disability (TPD) benefits, a classification of benefits claimed in the alternative, but not reached by the JCC. Accordingly, we REVERSE the award of TTD and REMAND the case to the JCC to consider Claimant’s entitlement to TPD based on the admissible medical evidence. In all other respects, the order on appeal is AFFIRMED.

BENTON, VAN NORTWICK, and WETHERELL, JJ., concur.

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PER CURIAM.

In this workers’ compensation appeal, the employer/carrier (E/C) seek reversal of an order of the Judge of Compensation Claims (JCC) which finds a compensable accident and injury, and awards temporary total disability (TTD) benefits from March 25, 2009, through September 3, 2009. The E/C raises four issues. We reverse only as to the award of TTD benefits, affirm the remaining points on appeal, and remand the ease for further proceedings.

Relative to the award of TTD benefits, the JCC relied exclusively upon the medical opinion of an unauthorized doctor— who, based on the JCC’s findings, was not deemed authorized by law pursuant to this court’s holding in Parodi v. Florida Contracting Co., 16 So.3d 958 (Fla. 1st DCA 2009) (holding medical opinions of unauthorized doctors admissible where E/C wrongfully denied care after specific request for treatment made by claimant, requiring *928 claimant to resort to self-help provisions of section 440.13(2)(c)) — and, thus, no competent evidence supports the award of TTD for the period in question. See § 440.13(5)(e), Fla. Stat. (2008). Notwithstanding, the record contains admissible evidence which might support an award of temporary partial disability (TPD) benefits, a classification of benefits claimed in the alternative, but not reached by the JCC. Accordingly, we REVERSE the award of TTD and REMAND the case to the JCC to consider Claimant’s entitlement to TPD based on the admissible medical evidence. In all other respects, the order on appeal is AFFIRMED.

BENTON, VAN NORTWICK, and WETHERELL, JJ., concur.

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Bluebook (online)

43 So. 3d 927, 2010 Fla. App. LEXIS 13567, 2010 WL 3584387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-auburndale-v-searfoss-fladistctapp-2010.

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