Fardella v. Genesis Health, Inc., No. 1D05-0376.
| Court | United States State Supreme Court of Florida |
| Writing for the Court | Ervin |
| Citation | 917 So.2d 276 |
| Parties | Kim FARDELLA, Appellant, v. GENESIS HEALTH, INC. d/b/a Brooks Health System and Commercial Risk Management, Inc., Appellees. |
| Decision Date | 19 December 2005 |
| Docket Number | No. 1D05-0376. |
Page 276
v.
GENESIS HEALTH, INC. d/b/a Brooks Health System and Commercial Risk Management, Inc., Appellees.
Page 277
George D. Rotchford of Rotchford & Betancourt, P.A., and David A. McCranie of McCranie & Lower, P.A., Jacksonville, for Appellant.
Curt L. Harbsmeier of Harbsmeier, De Zayas, Appel, Harden & De Bari, LLP, Lakeland, for Appellees.
ERVIN, J.
Kim Fardella (claimant) appeals a workers' compensation order in which the judge of compensation claims (JCC) denied certain requested temporary indemnity benefits. We affirm the denial of temporary total or temporary partial disability (TPD) benefits from August 12, 2003, through September 16, 2003, because such determination is supported by competent, substantial evidence based upon the opinion testimony of Dr. Paulo Montiero, a neurosurgeon, who opined that as of July 21, 2003, claimant was at maximum medical improvement with no permanent impairment and no work restrictions. We also affirm the JCC's denial of claimant's request for additional TPD benefits from September 17, 2003, through February 14, 2004, but reverse the denial of such benefits from February 14, 2004, through June 1, 2004.
As for the JCC's denial of additional TPD benefits for the period from September 17, 2003, through February 14, 2004, the date claimant was terminated from employment and the employer/carrier (E/C) ceased paying benefits, Fardella argues the JCC erred in concluding that she had voluntarily limited her income for such period under section 440.15(4)(b), Florida Statutes, because the legislature had deleted such defense from the statute as of January 1, 1994, and thus the defense and its deemed-earnings provision no longer existed when claimant was injured on June 24, 2003. During the time in question, the E/C paid claimant TPD benefits, consistent with the opinion of Dr. Adria Johnson, a pain-management and rehabilitation specialist, who stated that claimant was capable of working 20 hours per week with restrictions.
Although we agree with claimant that the JCC erroneously relied on case law that had construed the statute as it existed before its amendment, i.e., Delchamps v. Page, 659 So.2d 341 (Fla. 1st DCA 1995), and South Florida Water Management District v. Ciacci, 647 So.2d 203 (Fla. 1st DCA 1994), nonetheless, the JCC's denial was supported by medical evidence...
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Sales v. Toscano, No. 1D09-5138.
...statute, section 440.15(4)(a) “pins remuneration on what the employee ‘is able to earn’ post-injury.” Fardella v. Genesis Health, Inc., 917 So.2d 276, 277 (2005). Additionally, this court has analogized the statutory defense of “refusal of suitable employment” found in section 440.15(6) to ......
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ALIE v. CRUM STAFFING INC., No. 1D09-4640.
...capacity, and not actual earnings, to measure the extent of a partial disability." See also Fardella v. Genesis Health, Inc., 917 So.2d 276, 277 (Fla. 1st DCA 2005) (explaining that "section 440.15(4)(a), Florida Statutes, continues to allow an E/C to compute TPD benefits based up......
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Thayer v. Chico's Fas, Inc., No. 1D12–0392.
...a JCC's ruling as to [98 So.3d 768]whether a claimant is entitled to temporary disability benefits. See Fardella v. Genesis Health, Inc., 917 So.2d 276, 277 (Fla. 1st DCA 2005). Evidence of an unsuccessful job search is an alternate means by which a claimant may establish a causal relations......
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Intal Constr., Inc. /Zurich N. Am. v. Mancera, No. 1D20-1766
...The standard of review for an award of TPD benefits is competent, substantial evidence. Fardella v. Genesis Health, Inc. , 917 So. 2d 276, 277 (Fla. 1st DCA 2005). Under section 440.15(4)(a), Florida Statutes (2018), TPD benefits are payable only "if overall [MMI] has not been reached ......
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Sales v. Toscano, No. 1D09-5138.
...statute, section 440.15(4)(a) “pins remuneration on what the employee ‘is able to earn’ post-injury.” Fardella v. Genesis Health, Inc., 917 So.2d 276, 277 (2005). Additionally, this court has analogized the statutory defense of “refusal of suitable employment” found in section 440.15(6) to ......
-
ALIE v. CRUM STAFFING INC., No. 1D09-4640.
...of earning capacity, and not actual earnings, to measure the extent of a partial disability." See also Fardella v. Genesis Health, Inc., 917 So.2d 276, 277 (Fla. 1st DCA 2005) (explaining that "section 440.15(4)(a), Florida Statutes, continues to allow an E/C to compute TPD benefits based u......
-
Thayer v. Chico's Fas, Inc., No. 1D12–0392.
...a JCC's ruling as to [98 So.3d 768]whether a claimant is entitled to temporary disability benefits. See Fardella v. Genesis Health, Inc., 917 So.2d 276, 277 (Fla. 1st DCA 2005). Evidence of an unsuccessful job search is an alternate means by which a claimant may establish a causal relations......
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Intal Constr., Inc. /Zurich N. Am. v. Mancera, No. 1D20-1766
...The standard of review for an award of TPD benefits is competent, substantial evidence. Fardella v. Genesis Health, Inc. , 917 So. 2d 276, 277 (Fla. 1st DCA 2005). Under section 440.15(4)(a), Florida Statutes (2018), TPD benefits are payable only "if overall [MMI] has not been reached and t......