Emanuel v. David Piercy Plumbing, 1D99-1122.
| Decision Date | 26 June 2000 |
| Docket Number | No. 1D99-1122.,1D99-1122. |
| Citation | 765 So.2d 761 |
| Parties | James EMANUEL, Appellant, v. DAVID PIERCY PLUMBING and FCCI Mutual Insurance, Appellees. |
| Court | Florida District Court of Appeals |
John P. Moneyham, Panama City; Bill McCabe, Longwood, for Appellant.
Mary L. Wakeman of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellees.
The claimant in this worker's compensation appeal challenges an order by which he was denied permanent total disability benefits. Because the judge of compensation claims failed to recognize that the record in this case would support a permanent total award during a portion of the period for which such benefits were sought, we reverse the order in part and remand this case for the judge to reconsider the claim.
The claimant injured his right knee while working for the employer in June 1995, and has not worked since that industrial accident. He was treated by his authorized physician, Dr. Grace, an orthopedic surgeon. An MRI and arthroscopic surgery revealed a torn medial meniscus, contusion, and post-traumatic chondromalacia to the medial femoral condyle. The claimant's condition did not improve, and another arthroscopy was performed in late 1995. Dr. Grace later testified that the claimant reached maximum medical improvement on July 11, 1997, with a 14 percent permanent impairment of the whole body. The claimant continued to complain of pain and restricted extension and flexion in the right leg after that date, and an x-ray revealed post-traumatic degenerative arthritis. The condition of the claimant's knee deteriorated to the point that in August 1998 Dr. Grace recommended a total replacement to restore flexibility and reduce pain, and the doctor performed this procedure in October 1998. Dr. Grace opined that after four months of post-operative recovery from the corrective knee surgery the claimant should be able to work with restrictions.
A claim was made for permanent total disability benefits, and in a March 4, 1999, order the judge determined that the claimant was no longer totally disabled after his release to work on February 27, 1999. The judge therefore denied the permanent total claim for the period of time subsequent to that date. The judge found that the claimant was totally disabled from July 11, 1997, when Dr. Grace placed the claimant at maximum medical improvement, until February 27, 1999, when the doctor released the claimant to return to work after the knee surgery....
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...claimant will likely become a candidate for additional remedial treatment at some time in the future. See Emanuel v. David Piercy Plumbing, 765 So.2d 761, 762 (Fla. 1st DCA 2000) (citing Holder v. Keller Kitchen Cabinets, 610 So.2d 1264 (Fla.1992) (affirming PTD award even though it was ant......
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