Dixie v. Campbell

District Court of Appeal of Florida

Dixie v. Campbell

732 So. 2d 393, 1999 Fla. App. LEXIS 3317, 1999 WL 147319

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1999

DocketNo. 98-1876

StatusPublished

This text of 732 So. 2d 393 (Dixie v. Campbell) 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.

Bluebook

Dixie v. Campbell, 732 So. 2d 393, 1999 Fla. App. LEXIS 3317, 1999 WL 147319 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The Judge of Compensation Claims (JCC) adjudicated appellee Erika Campbell permanently and totally disabled pursuant to section 440.15(l)(b) and section 440.02(34)(f), Florida Statutes (1995). Claimant’s theory, accepted by the JCC, was that she suffered a catastrophic injury because her injury would qualify “an employee to receive disability income benefits under Title II ..' of the Federal Social Security Act _” § 440.02(34)(f), Fla. Stat. (1995).

The appellant argues that Campbell did not qualify for permanent total disability because her injury is not one that social security considers a “listed impairment.” See 20 CFR, § 404.1520(d). This argument must fail because social security disability payments are not limited to those claimants who have a listed impairment under the social security regulations. Claimants who do not have such an impairment may still qualify for benefits by proof of vocational factors including residual functional capacity, age, education and past work experience. 20 CFR, [394]*394§ 404.1520(f). This is what appellee did in this case.

AFFIRMED.

WOLF, KAHN and PADOVANO, JJ., CONCUR.

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PER CURIAM.

The Judge of Compensation Claims (JCC) adjudicated appellee Erika Campbell permanently and totally disabled pursuant to section 440.15(l)(b) and section 440.02(34)(f), Florida Statutes (1995). Claimant’s theory, accepted by the JCC, was that she suffered a catastrophic injury because her injury would qualify “an employee to receive disability income benefits under Title II ..' of the Federal Social Security Act _” § 440.02(34)(f), Fla. Stat. (1995).

The appellant argues that Campbell did not qualify for permanent total disability because her injury is not one that social security considers a “listed impairment.” See 20 CFR, § 404.1520(d). This argument must fail because social security disability payments are not limited to those claimants who have a listed impairment under the social security regulations. Claimants who do not have such an impairment may still qualify for benefits by proof of vocational factors including residual functional capacity, age, education and past work experience. 20 CFR, [394]*394§ 404.1520(f). This is what appellee did in this case.

AFFIRMED.

WOLF, KAHN and PADOVANO, JJ., CONCUR.

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Bluebook (online)

732 So. 2d 393, 1999 Fla. App. LEXIS 3317, 1999 WL 147319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixie-v-campbell-fladistctapp-1999.