Holiday Inn v. Sallee, BI-332
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | MILLS; BOOTH, C.J., and WENTWORTH |
| Citation | 496 So.2d 227,11 Fla. L. Weekly 2262 |
| Parties | 11 Fla. L. Weekly 2262 HOLIDAY INN and Adjustco, Inc., Appellants, v. Herschel SALLEE, Appellee. |
| Docket Number | No. BI-332,BI-332 |
| Decision Date | 28 October 1986 |
Page 227
v.
Herschel SALLEE, Appellee.
First District.
Page 228
Harry D. Robinson of Harry D. Robinson, P.A., West Palm Beach, and Debra Levy Neimark of Neimark & Neimark, Coral Springs, for appellants.
Brett K. Findler of Rosenthal & Findler, P.A., West Palm Beach, for appellee.
MILLS, Judge.
Holiday Inn and Adjustco, Inc. (E/C) appeal from an order of the deputy commissioner awarding permanent total disability (PTD) benefits from the date of the hearing and continuing. We affirm.
At the time of the accident herein, Sallee was employed by the E/C as a maintenance man. He was at that time also being treated psychiatrically for a depressive neurosis, for which the military had assigned a 30% service-connected disability just prior to the accident. In March 1981, Sallee injured his lower back while moving heavy furniture and was diagnosed as suffering from chronic lumbosacral strain and sprain. Sallee's physicians did not agree on the date of his maximum medical improvement, but concurred that the injury had left him with some degree of permanent impairment. The E/C paid TTD benefits from 10 March 1981 to 3 March 1982, wage-loss benefits from 4 March 1982 to 31 January 1984 and "rehabilitative" TTD from 1 February 1984 to 29 May 1984. Wage-loss benefits were paid intermittently from 1 July 1984 to 30 July 1985.
Sallee thereafter filed the instant claim for PTD and ongoing psychiatric treatment. It was shown at the hearing that, after his discharge by the E/C in July 1981, Sallee attempted numerous "light-duty" jobs, such as door-to-door sales, telephone solicitation and apartment complex maintenance. He could not remain in any of these jobs for any length of time due to pain from extended walking and sitting. He was also unable to complete a retraining program for machinists due to back pain. Sallee's other job search efforts during this time, all unsuccessful, consisted of reviewing classified ads, inquiring about "help wanted" signs and obtaining lists of government job openings. There was also testimony from a rehabilitation counselor that Sallee was not employable because of
Page 229
a combination of his physical/psychiatric problems.The D/C entered his order granting Sallee's claim for PTD. He found that, although Sallee's physical injury "was a relatively minor one" which left him...
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Lerman v. Broward County Bd. of County Com'rs, 88-1011
...577, 579 (Fla. 1st DCA 1984). See also Oak Construction Co. v. Jackson, 522 So.2d 1068, 1071 (Fla. 1st DCA 1988); Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986); West Coast Insulation v. Lee, 464 So.2d 1317, 1318 (Fla. 1st DCA 1985). It is well settled that it is the employer/carr......
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Salinas v. C.A.T. Concrete, LLC, Case No. 1D09-4208 (Fla. App. 5/21/2010), Case No. 1D09-4208.
...1st DCA 1999) (holding that JCC erred in awarding benefits not listed as being at issue in pretrial stipulation); Holiday Inn v. Sallee, 496 So. 2d 227, 229 (Fla. 1st DCA 1986) (holding that JCC rules only on particular issues presented by parties for resolution). Accordingly, because the J......
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Davis v. Bonded Transp., Inc., 89-2836
...522 So.2d 1068 (Fla. 1st DCA 1988); Bill's Equipment and Rentals v. Teel, 498 So.2d 536 (Fla. 1st DCA 1986); Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986); West Coast Insulation v. Lee, 464 So.2d 1317, 1318 (Fla. 1st DCA The medical evidence in the instant case indicates that alt......
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Fairchild Aircraft v. Raybon, 92-3812
...Lopez, 557 So.2d 948 (Fla. 1st DCA 1990); Bill's Equipment and Rentals v. Teel, 498 So.2d 536 (Fla. 1st DCA 1986); Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986), and the rehabilitation counselor's opinion that there is no possibility of finding Claimant a job within his limitatio......
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Lerman v. Broward County Bd. of County Com'rs, 88-1011
...577, 579 (Fla. 1st DCA 1984). See also Oak Construction Co. v. Jackson, 522 So.2d 1068, 1071 (Fla. 1st DCA 1988); Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986); West Coast Insulation v. Lee, 464 So.2d 1317, 1318 (Fla. 1st DCA 1985). It is well settled that it is the employer/carr......
-
Salinas v. C.A.T. Concrete, LLC, Case No. 1D09-4208 (Fla. App. 5/21/2010), Case No. 1D09-4208.
...1st DCA 1999) (holding that JCC erred in awarding benefits not listed as being at issue in pretrial stipulation); Holiday Inn v. Sallee, 496 So. 2d 227, 229 (Fla. 1st DCA 1986) (holding that JCC rules only on particular issues presented by parties for resolution). Accordingly, because the J......
-
Davis v. Bonded Transp., Inc., 89-2836
...522 So.2d 1068 (Fla. 1st DCA 1988); Bill's Equipment and Rentals v. Teel, 498 So.2d 536 (Fla. 1st DCA 1986); Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986); West Coast Insulation v. Lee, 464 So.2d 1317, 1318 (Fla. 1st DCA The medical evidence in the instant case indicates that alt......
-
Fairchild Aircraft v. Raybon, 92-3812
...Lopez, 557 So.2d 948 (Fla. 1st DCA 1990); Bill's Equipment and Rentals v. Teel, 498 So.2d 536 (Fla. 1st DCA 1986); Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986), and the rehabilitation counselor's opinion that there is no possibility of finding Claimant a job within his limitatio......