Cumberland Farm Food Stores v. Meier, ZZ-452

• Decision Date: 11 January 1982
• Docket Number: No. ZZ-452,ZZ-452
• Citation: 408 So.2d 700
• Parties: CUMBERLAND FARM FOOD STORES and National Union Insurance Company c/o American Home Group, Appellants, v. Florence B. MEIER, Appellee.
• Court: Florida District Court of Appeals

Page 700

408 So.2d 700

CUMBERLAND FARM FOOD STORES and National Union Insurance Company c/o American Home Group, Appellants, v. Florence B. MEIER, Appellee.

No. ZZ-452.

District Court of Appeal of Florida, First District.

Jan. 11, 1982.

Bernard J. Zimmerman and William G. Berzak of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Donna L. Bergh of Walker, Buckmaster, Miller & Ketcham, Orlando, for appellee.

JOANOS, Judge.

This worker's compensation appeal involves a claim for wage loss benefits under § 440.15(3)(b), Florida Statutes (1979). Due to the temporary nature of the claimant's psychiatric condition as well as the lack of evidence of a permanent impairment under the American Medical Association Guide, we find that wage loss benefits were improperly awarded and reverse.

The claimant suffered a work-related back injury in December of 1979. Since that time, she has made several attempts to return to work for her employer, Cumberland Farm Food Stores. She did light work shortly after her accident, but when she tried to resume her regular duties she began to have problems related to the back injury. Although her physician later gave his approval for claimant to return to work and claimant frequently expressed her desire to resume her job duties, Cumberland Farm continued to keep claimant on medical leave of absence status. According to the testimony of one of claimant's supervisors, Cumberland Farm would not allow claimant to return to her old position without a specific medical release stating that claimant could work 50 hours a week, stand for a long period of time, and lift cases of milk off of a stacked dolly. Claimant's physician, however, stated that claimant should avoid lifting heavy cases and that prolonged standing would bother her. The doctor also testified that he was aware of claimant's job duties and that claimant was able to obtain help with heavy lifting. With this knowledge, he felt claimant was capable of returning to work.

Cumberland Farm never received the specific medical release it requested although claimant did bring a note from her doctor stating that she could return to work with no restrictions. Cumberland Farm deemed this release to be insufficient. Despite several offers by Cumberland Farm to give claimant back her old job, claimant was later told on each occasion that she could not return to work. After the third such rejection, claimant became extremely depressed and locked herself in her room. Her family and friends finally succeeded in having her see a psychiatrist.

Claimant's treating psychiatrist testified that claimant had suffered a depressive reaction which was caused by the accident, the pain from the injury, and claimant's inability to return to work. Although a second psychiatrist testified that in his opinion part of claimant's emotional problem was due to a voluntary component, both doctors agreed that claimant was temporarily disabled due to the condition and unable to work.

Before claimant's psychiatric condition became evident, claimant had filed for temporary total disability benefits resulting from her physical condition. This earlier claim was denied by the deputy based upon the doctor's testimony that claimant was physically capable of returning to work as of February 22, 1980 and that she reached maximum medical improvement on June 12, 1980. This Court affirmed the deputy's denial of TTD on July 16, 1981.

While the appeal on the first claim was pending, claimant filed for wage loss benefits from the date of MMI to September 17, 1980 (the date of claimant's first visit to a psychiatrist). At the hearing, claimant sought temporary disability as...