Anning-Johnson v. Pearce, ANNING-JOHNSON and C

Citation510 So.2d 1041,12 Fla. L. Weekly 1786
Decision Date24 July 1987
Docket NumberNo. BO-354,ANNING-JOHNSON and C,BO-354
Parties12 Fla. L. Weekly 1786 ommercial Union Insurance Company, Appellants, v. Alton PEARCE, Appellee.
CourtCourt of Appeal of Florida (US)

B.C. Pyle, Orlando, for appellants.

Howard G. Butler, of Meyers and Mooney, Orlando, for appellee.

BARFIELD, Judge.

The employer and carrier challenge the award of permanent total disability (PTD) benefits to this workers' compensation claimant, asserting that the deputy commissioner's order is not supported by competent substantial evidence. We agree, but not for the reasons advanced by the appellants, and reverse.

Competent substantial evidence in the record supports all of the deputy commissioner's findings except his conclusion that claimant has reached maximum medical improvement (MMI) and is therefore entitled to PTD benefits. Although the record supports the deputy's finding that claimant has reached MMI from a physical standpoint, the uncontroverted testimony of the claimant's treating psychologist precludes a finding that he has reached MMI from a psychological standpoint.

Because the claimant has not reached MMI, he is not entitled to PTD benefits at this time, although the deputy commissioner's findings of fact would support an award of temporary total disability (TTD) benefits. There is no indication in this record that claimant is presently being treated for his psychological problems, but the record would support an order directing the employer/carrier to provide further psychological treatment.

The order is REVERSED and REMANDED for further proceedings, which may include a claim for TTD benefits and for further psychological evaluation and/or treatment.

MILLS and WENTWORTH, JJ., concur.

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4 cases
  • John Barley Memorial v. Gillam
    • United States
    • Florida District Court of Appeals
    • October 25, 1989
    ...benefits cannot be awarded prior to claimant reaching maximum medical improvement from both disorders. E.g. Anning-Johnson v. Pearce, 510 So.2d 1041 (Fla. 1st DCA 1987); Martin-Marietta Corporation v. Vargas, 472 So.2d 833 (Fla. 1st DCA 1985). We distinguish that line of cases on the basis ......
  • Kirkland v. Harold Pratt Paving, Inc.
    • United States
    • Florida District Court of Appeals
    • December 21, 1987
    ...tissue injuries. Accordingly, the deputy erred in concluding that claimant reached MMI on October 17, 1986. Cf. Anning-Johnson v. Pearce, 510 So.2d 1041 (Fla. 1st DCA 1987) (although record supports finding that claimant reached MMI from physical standpoint, uncontroverted testimony of clai......
  • Winn Dixie Stores, Inc. v. Grubb
    • United States
    • Florida District Court of Appeals
    • December 10, 1990
    ...medical improvement has been reached from both disorders. See, e.g., Honeycutt v. Boswell Voyle Appliances; Anning-Johnson v. Pearce, 510 So.2d 1041 (Fla. 1st DCA 1987); Martin-Marietta Corporation v. Vargas. The court distinguished those cases on the ground that in Gillam, the record clear......
  • Stuck v. Richard's Cable TV
    • United States
    • Florida District Court of Appeals
    • August 13, 1990
    ...and Byrd's testimony regarding MMI dates, the claimant should have been found PTD as of February 12, 1987. See Anning-Johnson v. Pearce, 510 So.2d 1041 (Fla. 1st DCA 1987) (where a claimant has both psychological and orthopedic injuries, PTD benefits may not be awarded until MMI has been re......

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