Austen Const. Management Corp. v. Waters

• Decision Date: 16 June 1987
• Docket Number: No. BM-302,BM-302
• Citation: 508 So.2d 763,12 Fla. L. Weekly 1482
• Court: Florida District Court of Appeals
• Parties: 12 Fla. L. Weekly 1482 AUSTEN CONSTRUCTION MANAGEMENT CORP. and U.S. Fidelity & Guaranty Co., Appellants, v. Steve WATERS, Appellee.

Page 763

508 So.2d 763

12 Fla. L. Weekly 1482

AUSTEN CONSTRUCTION MANAGEMENT CORP. and U.S. Fidelity & Guaranty Co., Appellants, v. Steve WATERS, Appellee.

No. BM-302.

District Court of Appeal of Florida,

First District.

June 16, 1987.

Susan J. Arrick, of Errol S. Cornell, P.A., Miami, for appellants.

Renee R. Pelzman, of Levine, Busch, Schnepper & Stein, Miami, for appellee.

ZEHMER, Judge.

The employer and carrier appeal an order of the deputy commissioner granting claimant, Steve Waters, temporary partial disability benefits, medical benefits, vocational rehabilitation, costs, and attorney's fees. They complain that the record does not support the award of disability benefits and medical benefits. We affirm.

Claimant was injured February 16, 1982, when he fell from a scaffold at work and landed on the left side of his chest and head. He filed a claim for temporary total or temporary partial disability benefits, wage-loss benefits from the date of maximum medical improvement, rehabilitation services, and psychiatric treatment. Testimony at the hearing revealed the following: After claimant was released from the hospital, the employer and carrier authorized care by Dr. Yates, a specialist in neurosurgery. Dr. Yates testified that claimant had suffered organic brain damage in his fall, but that he did not suffer any neurological impairment. Dr. Yates believed that claimant's symptoms--dizziness, difficulty with short-term memory, severe headaches, flashbacks to his accident, and fear of heights and falling--were psychological problems rather than neurological ones. On Dr. Yates' recommendation claimant was sent to Dr. Center, a neuropsychologist, for psychological and psychometric testing. Dr. Center's testimony was not introduced into evidence.

On his own initiative, claimant sought the advice of Dr. Mutter, a psychiatrist. Dr. Mutter diagnosed claimant as having post-concussion syndrome with agoraphobic components and an underlying depression. Dr. Mutter felt that claimant's fear of heights would severely impair his ability to work as a carpenter, his only trade, and that his limited education would make it difficult for claimant to pursue other occupations. For this reason Dr. Mutter recommended rehabilitation. At the hearing, counsel for the employer and carrier agreed to have claimant return to Dr. Mutter for an evaluation and any treatment Dr. Mutter might recommend.

Claimant testified in part that since his accident he has occasionally helped his brother run a lawn service and has had some odd jobs, but has not worked full-time because of his medical problems. He testified that he had called places which advertised work in the newspaper, and had filled out some job applications. He gave few specifics on these attempts to obtain work, however.

The deputy's order found that claimant is unable to return to his former type of work, is limited in the type of work he is able to perform, and has been unable to find a job because of his numerous physical and psychological complaints. The order awarded claimant temporary partial disability benefits based on deemed earnings measured primarily by claimant's earnings at his brother's lawn maintenance service. The deputy determined that claimant is in need of vocational rehabilitation and job...