Benniefield v. City of Lakeland, 1D12–2353.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM. |
| Citation | 109 So.3d 1288 |
| Parties | Frank BENNIEFIELD, Appellant, v. CITY OF LAKELAND and Claims Center, Appellees. |
| Docket Number | No. 1D12–2353.,1D12–2353. |
| Decision Date | 08 April 2013 |
109 So.3d 1288
Frank BENNIEFIELD, Appellant,
v.
CITY OF LAKELAND and Claims Center, Appellees.
No. 1D12–2353.
District Court of Appeal of Florida,
First District.
April 8, 2013.
[109 So.3d 1289]
Bradley G. Smith of Smith, Feddeler & Smith, P.A., Lakeland, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant.
Bettina N. Carrier and Thomas Vecchio of Vecchio, Carrier & Feldman, P.A., Lakeland, for Appellees.
PER CURIAM.
In this workers' compensation appeal, Claimant challenges the Judge of Compensation Claims' (JCC's) denial of his claim for permanent total disability (PTD) benefits on grounds that the JCC erred regarding Claimant's date of maximum medical improvement (MMI) and further erred by denying penalties, interest, costs, and attorney's fees associated with that claim. Because we agree, we reverse and remand the case to the JCC for further proceedings.
On April 9, 2008, Claimant sustained a compensable back injury and was placed on MMI on January 7, 2009, by Dr. John C. Amann, his authorized treating provider. Thereafter, Claimant filed a petition for benefits (PFB) seeking PTD benefits from January 7, 2009, and continuing, along with penalties, interest, costs, and attorney's fees. The E/C contested the claim in its entirety on various grounds.
Subsequently, on February 23, 2012, Claimant fell when his walking cane collapsed.
[109 So.3d 1290]
Upon returning to Dr. Amann for evaluation, the doctor opined that a new MRI was needed to assess Claimant's condition. Dr. Amann testified that Claimant's fall had “not yet” changed his opinion on the date of MMI and that it was too soon to determine whether the fall had exacerbated his compensable injury. According to Dr. Amann, additional surgery might be recommended upon review of Claimant's MRI results; he indicated that surgery may improve Claimant's condition. In light of Dr. Amann's testimony, the E/C asserted that, because Claimant's current status, restrictions, and future treatment were uncertain, Claimant's claim for PTD benefits was premature.
In the order on review, the JCC denied Claimant's claim for PTD benefits as premature on the basis that Claimant had not established that he was at MMI. In support, the JCC acknowledged Dr. Amann's testimony that Claimant's fall had not changed his opinion regarding Claimant's MMI status, but found that, given Dr. Amann's testimony regarding the need for an MRI to determine the extent of Claimant's condition, Claimant's...
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