Bob Wilson Dodge v. Mohammed, 96-3369
| Decision Date | 28 April 1997 |
| Docket Number | No. 96-3369,96-3369 |
| Citation | 692 So.2d 287 |
| Parties | 22 Fla. L. Weekly D1104 BOB WILSON DODGE and Claims Center, Appellants, v. Shaffie MOHAMMED, Appellee. |
| Court | Florida District Court of Appeals |
Ivan Matusek and Robert A. Arthur of Matusek, McKnight, Poluse & Cangro, P.A., St. Petersburg, for Appellants.
Enrique Escarraz, III, St. Petersburg; and Alexandra DeMaio and Sharon P. Jorgensen of Winn & Jorgensen, P.A., St. Petersburg, for Appellee.
Bob Wilson Dodge, Inc. and Claims Center (employer and servicing agent respectively, hereinafter "e/sa"), appeal an order awarding permanent total disability (PTD) benefits to Shaffie Mohammed ("claimant"). It is undisputed that the claimant suffered a compensable injury in the course and scope of his employment on April 27, 1994. However, e/sa argue that the claimant failed to carry his burden of proving entitlement to PTD benefits. We agree, and reverse.
Under the 1994 amendments to the Workers' Compensation Act, a claimant is not entitled to PTD benefits unless the compensable injury incurred in the course and scope of employment is a "catastrophic" injury, as defined in section 440.02(34), Florida Statutes (Supp.1994). These amendments did not alter the basic concept that the burden of proving entitlement to PTD benefits is on the claimant. See Vickers v. Emergency One, Inc., 680 So.2d 1076, 1077 (Fla. 1st DCA 1996); Wal-Mart Stores, Inc. v. Liggon, 668 So.2d 259, 264-65 (Fla. 1st DCA 1996). The claimant must prove every element of his claim, including the most basic element of a causal connection between his compensable injury and the inability to earn which has entitled him to receive social security disability benefits. Cf. Nowicki v. St. Petersburg Kennel Club, 558 So.2d 181 (Fla. 1st DCA 1990) ().
In the instant case, the claimant relied solely upon the fact that he has been awarded social security disability benefits to prove that he is permanently totally disabled. The JCC ruled that the claimant is entitled to PTD benefits based solely upon the determination that the claimant is disabled for purposes of the Social Security Act. The claimant has failed to demonstrate, and the JCC did not find, any connection between the award of those benefits and his compensable injury. Indeed, the JCC even acknowledged in the final order that the award letter was silent with regard to the basis for the Social Security Administration's decision to award benefits. Moreover, the finding of fact that the claimant is receiving social security disability...
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...between his compensable injury and the inability to earn which has entitled him to receive SSD benefits."); Bob Wilson Dodge v. Mohammed, 692 So.2d 287, 288 (Fla. 1st DCA 1997)(claimant still has "burden of proving entitlement to PTD benefits" and could not rely "solely on fact that he had ......
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PAZ v. DUDA
...that the appropriate legal standard was used in determining Claimant's entitlement to benefits. See generally Bob Wilson Dodge v. Mohammed, 692 So.2d 287 (Fla. 1st DCA 1997) (holding claimant seeking PTD benefits must prove both catastrophic injury and causal connection between injury and i......