HILLSBOROUGH CTY. SCHOOL BD. v. Christopher, 1D00-3453.
| Decision Date | 14 August 2001 |
| Docket Number | No. 1D00-3453.,1D00-3453. |
| Citation | 790 So.2d 1267 |
| Parties | HILLSBOROUGH COUNTY SCHOOL BOARD and RSKCo, Appellants/Cross-Appellees, v. Sue CHRISTOPHER, Appellee/Cross-Appellant. |
| Court | Florida District Court of Appeals |
Pamela A. Walton and Mari-Frances Kline of Barr, Murman, Tonelli, Slother & Sleet, Tampa, for Appellants/Cross-Appellees.
H. Guy Smith of Smith, Feddeler, Smith & Miles, P.A., Lakeland; Susan W. Fox and Brendan M. Lee of Macfarlane Ferguson & McMullen, Tampa, for Appellee/Cross-Appellant.
Hillsborough County School Board and RSKCo. (hereinafter "the E/C"), assert four issues on appeal challenging various aspects of an order awarding permanent, total disability (PTD) benefits to claimant, Sue Christopher. Because the record contains competent, substantial evidence to support the judge of compensation claims' (JCC) ruling that claimant is permanently and totally disabled as a result of her back condition alone, we affirm all issues raised by the E/C.
On cross-appeal, claimant argues that the JCC erred by directing that her PTD benefits be calculated based upon her average weekly wage (AWW) in effect on July 25, 1988, when she suffered her back injury, rather than on April 20, 1995, when she became disabled because her condition had deteriorated to the point that she could no longer work. We agree. See Cote v. Combustion Eng'g, Inc., 502 So.2d 500 (Fla. 1st DCA 1987)
(); Reynolds v. Neisner Bros., Inc., 436 So.2d 1070 (Fla. 1st DCA 1983) (). We therefore reverse and remand for recalculation of claimant's PTD benefits based upon the stipulated 1995 AWW.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
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James v. ARMSTRONG WORLD INDUSTRIES, INC.
...should be April 18, 2000, because it is the date he became "disabled," the appellant relies on Hillsborough County School Board v. Christopher, 790 So.2d 1267 (Fla. 1st DCA 2001). The relevant portion of the decision in Christopher is as On cross-appeal, claimant argues that the JCC erred b......
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Michels v. Orange County Fire/Rescue
...when the employee is actually incapacitated, partially or totally from performing his employment); Hillsborough County Sch. Bd. v. Christopher, 790 So.2d 1267, 1268 (Fla. 1st DCA 2001) (holding disability commences upon the date a claimant's condition deteriorates to the point he can no lon......
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Michels v. ORANGE COUNTY FIRE/RESCUE
...when the employee is actually incapacitated, partially or totally from performing his employment); Hillsborough County School Board v. Christopher, 790 So.2d 1267, 1268 (Fla. 1st DCA 2001) (holding disability commences upon the date a claimant's condition deteriorates to the point he can no......
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Vadala v. Polk County School Board, 01-1264
...which occurs when the claimant's condition has deteriorated to the point he can no longer work. Hillsborough County Sch. Bd. v. Christopher, 790 So. 2d 1267 (Fla. 1st DCA 2001). Here, Appellant became disabled in 1999, because his condition deteriorated to the point he could no longer work ......