Martin Marietta Corp. v. Roop, 89-1989
| Citation | 566 So.2d 40 |
| Decision Date | 22 August 1990 |
| Docket Number | No. 89-1989,89-1989 |
| Parties | 15 Fla. L. Weekly D2141 MARTIN MARIETTA CORPORATION and Scott Wetzel Services, Appellants, v. J.E. ROOP, Appellee. |
| Court | Florida District Court of Appeals |
James M. Hess, of Langston, Hess & Daniels, P.A., Maitland, for appellants.
Bill McCabe, of Shepherd, McCabe & Cooley, Longwood, and J. David Parrish, of Hurt & Parrish, P.A., Orlando, for appellee.
We find competent, substantial evidence in this workers' compensation case to support all the findings and awards of the Judge of Compensation Claims (JCC) but that of permanent total disability. We also discuss the JCC's admission into evidence of the entire transcript from Martin Marietta Corp. v. Glumb, 523 So.2d 1190 (Fla. 1st DCA 1988).
The JCC carefully detailed the medical findings that he accepted regarding claimant's back, exposure to toxic chemicals, and his hearing loss. Orthopedist, Dr. Stanford, and anesthesiologist, Dr. Mauriello, both of whose testimony the JCC accepted, rated claimant between 15 and 20 percent permanently physically impaired due to his compensable back injury and placed considerable restrictions on him. The employer/carrier (E/C) does not challenge the medical opinion relating claimant's 38 percent hearing loss to his work. Dr. Myint, a specialist in industrial medicine and toxicology, testified that claimant was unable to return to work because of his exposure to toxic chemicals at Martin Marietta. This medical evidence combined with the JCC's consideration of such factors as claimant's age, limited education and work history, present compelling grounds for affirmance of the PTD award. However, the E/C points out that the JCC's November 21, 1988 MMI date was that opined to by Dr. Mauriello, the anesthesiologist who testified only on claimant's back condition. Doctors Stanford and Mauriello, upon whom the JCC relied for orthopedic findings, felt claimant's back condition did not preclude some kind of uninterrupted light work. There is no other orthopedic testimony in the record to the contrary. Dr. Myint testified that claimant was not at maximum medical improvement from his chemical exposure condition and the JCC did not discuss claimant's potential in this regard. As in Southern Bell Tel. & Tel. Co. v. Rollins, 390 So.2d 93, 94 (Fla. 1st DCA 1980), "[a]lthough there is extensive testimony providing competent substantial evidence for the finding that claimant is permanently and totally disabled, it is improper to begin payment of permanent benefits without a determination of the date of total MMI." Since there is no evidence that claimant has reached MMI from a toxicological standpoint, we reverse the PTD award and remand to allow a determination of total MMI.
As to the Glumb transcript, we find the JCC erred in admitting the entire transcript from that hearing. The error was harmless, however, because evidence adduced from Dr. Myint, claimant himself, and one other witness who testified at hearing, adequately supports the JCC's findings regarding causation and the conditions of the ablative bonding area in which claimant worked,...
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...the common law rules of evidence, of which Frye was a part, apply in workers' compensation proceedings. See Martin Marietta Corp. v. Roop, 566 So.2d 40, 42 (Fla. 1st DCA 1990); Odom v. Wekiva Concrete Prods., 443 So.2d 331, 332 (Fla. 1st DCA 1983); see generally Charles W. Ehrhardt, Florida......
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