Citrus Cent., Inc. v. Gardner, AZ-313
| Decision Date | 12 March 1985 |
| Docket Number | No. AZ-313,AZ-313 |
| Citation | 466 So.2d 369,10 Fla. L. Weekly 636 |
| Parties | 10 Fla. L. Weekly 636 CITRUS CENTRAL, INC., and Professional Administrators, Inc., Appellants, v. Robert GARDNER, Appellee. |
| Court | Florida District Court of Appeals |
John E. McLain, III of Cooper, Rissman & Weisberg, Orlando, for appellants.
Sherry L. Davis of Meyers & Mooney, Orlando, for appellee.
Employer and carrier appeal from a workers' compensation order in which the deputy commissioner found that Gardner suffered a compensable injury, awarded temporary total disability (TTD) benefits from the date of accident, continuing so long as he remains temporarily disabled, excused the untimely filing of medical reports by Dr. Chutinan, who was not authorized, and awarded attorney's fees, costs and interest. We agree that Gardner's injury is compensable and have found no error in the deputy commissioner's excusal of the untimely filing of Dr. Chutinan's medical reports or in the award of attorney's fees, costs and interest. We have determined, however, that the award of TTD benefits is not supported by competent, substantial evidence and must be reversed.
Gardner worked as a forklift operator at Citrus Central (Citrus), a sheetmetal fabricator. From one to two times per week to three times per month, he was required to relieve production line workers who banded the finished product. On 12 September 1983, Gardner went to work at 3:00 p.m. and had to work relief. About 5:00 p.m. he called his wife, telling her that he didn't feel well. Gardner, again, called his wife at 7:00 p.m. By 10 p.m., he experienced sharp pains while banding the sheetmetal. Gardner left work, went to the emergency room where he was seen by Dr. Chutinan, and was admitted to the cardiac care unit. Dr. Chutinan felt Gardner had suffered a coronary artery spasm, related to the stressful situation of relieving the production line workers. Dr. Greenberg, a cardiologist in consultation with Dr. Chutinan, ruled out a heart attack or coronary artery spasm and concluded that Gardner had suffered musculoskeletal chest pain. Dr Greenberg had no opinion as to a causal relationship between Gardner's pain and employment since no employment history was taken. Gardner remained hospitalized until 24 September 1983 and was seen last by Dr. Chutinan on 2 December 1983, when he was released to light duty work, beginning 12 December 1983, for a trial period of two weeks. Dr. Chutinan informed Citrus of Gardner's limitations, but his reports were not timely submitted and he was not authorized. Following the incident Gardner received disability payments under a group insurance package with Citrus. He was aware that the disability insurance excluded workers' compensation claims. When Gardner returned to Citrus seeking light duty work, Citrus refused under its requirement of a full release to work when general health policy claims were involved. In workers' compensation cases, light duty work would be allowed if it was available. In January, 1984, Gardner filed a union grievance due to...
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...1295 (Fla. 1st DCA 1992); Citrus County Human Services v. Cross, 485 So.2d 874, 875 (Fla. 1st DCA 1986); Citrus Central, Inc. v. Gardner, 466 So.2d 369, 371 (Fla. 1st DCA 1985). In those cases where a work search is indicated, temporary total disability benefits cannot be denied for failure......
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Publix Super Markets, Inc. v. McGuire
...is no unusual physical exertion or associated accident." The JCC based that determination on our decision in Citrus Central, Inc. v. Gardner, 466 So.2d 369 (Fla. 1st DCA 1985). The claimant, Gardner, usually worked as a forklift operator at a sheetmetal fabrication company, but several time......
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Publix Super Markets, Inc. v. McGuire, 92-884
...no preexisting condition exists, the JCC should decide the case without reference to the Victor Wine test); Citrus Central, Inc. v. Gardner, 466 So.2d 369 (Fla. 1st DCA 1985). Given the competent substantial evidence supporting the JCC's factual determinations, we decline to revisit the iss......
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Suncrete Corp. v. Schofield, BJ-8
...to work, since claimant admitted he conducted no good faith work search between May 1 and October 1, 1984, Citrus Central, Inc. v. Gardner, 466 So.2d 369 (Fla. 1st DCA 1985). The order appealed from must therefore be reversed as to TTD benefits awarded for the weeks ending February 24, 1984......