Frank Winston Crum Insurance, Inc. v. De Oca

District Court of Appeal of Florida

Frank Winston Crum Insurance, Inc. v. De Oca

37 So. 3d 976, 2010 Fla. App. LEXIS 8981, 2010 WL 2597708

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 2010

Docket1D09-5657

StatusPublished

This text of 37 So. 3d 976 (Frank Winston Crum Insurance, Inc. v. De Oca) 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

Frank Winston Crum Insurance, Inc. v. De Oca, 37 So. 3d 976, 2010 Fla. App. LEXIS 8981, 2010 WL 2597708 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

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 *977 medical 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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 *977 medical 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.

Cite This Page — Counsel Stack

Bluebook (online)

37 So. 3d 976, 2010 Fla. App. LEXIS 8981, 2010 WL 2597708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-winston-crum-insurance-inc-v-de-oca-fladistctapp-2010.

Opinion

Related

Cite This Page — Counsel Stack