John Barley Memorial v. Gillam
| Citation | 14 Fla. L. Weekly 2513,550 So.2d 1179 |
| Decision Date | 25 October 1989 |
| Docket Number | No. 88-2694,88-2694 |
| Court | Court of Appeal of Florida (US) |
| Parties | 14 Fla. L. Weekly 2513 JOHN BARLEY MEMORIAL and Aetna Life & Casualty Co., Appellants/Cross-Appellees, v. Frankie J. GILLAM, Appellee/Cross-Appellant. |
Page 1179
v.
Frankie J. GILLAM, Appellee/Cross-Appellant.
First District.
Daniel De Ciccio and W. James Condry of De Ciccio & Broussard, P.A., Orlando, for appellants/cross-appellees.
Robert A. Wohn, Jr. of Wohn & McKinley, P.A. Cocoa, for appellee/cross-appellant.
NIMMONS, Judge.
The employer and carrier attack the appealed order's award of PTD because, although the claimant had reached MMI from her April 1984 physical injury to the lower back, the e/c assert that the award of PTD was premature because the claimant had not reached MMI with respect to her emotional or psychiatric problem. We disagree.
In the parties' pre-hearing stipulation, it was agreed that the claimant had reached MMI on January 1, 1986. Neither the claim nor the stipulation referred specifically to an emotional or psychiatric illness.
At the hearing, there was a great deal of evidence presented in support of the debilitating effect of the claimant's back injury. There is ample support for the judge's finding of PTD attributable solely to the physical limitations caused by the claimant's back injury.
During the hearing, it came out that the claimant had taken some depression medication prescribed by her neurosurgeon as late as four months prior to the hearing. During the judge's questioning of the claimant regarding her depression, the judge noted that the claimant was upset and crying. Over objection by the attorney for the e/c, the judge asked the claimant if she wished to continue to be treated for depression. The claimant responded in the affirmative and the judge indicated he thought he would authorize a psychiatric consultation. His subsequent order provided for a consultation with a certain psychiatrist selected by the judge.
In attacking the PTD award, the e/c relies upon the cases which have held that where a claimant has both physical and psychiatric injuries, permanent disability benefits cannot be awarded prior to claimant reaching maximum medical improvement from both disorders. E.g. Anning-Johnson v. Pearce, 510 So.2d 1041 (Fla. 1st DCA 1987); Martin-Marietta Corporation v. Vargas, 472 So.2d 833 (Fla. 1st DCA 1985). We distinguish that line of cases on the basis of the significant fact that the record in this case clearly shows that claimant was PTD based upon her...
To continue reading
Request your trial
-
Jackson Manor Nursing Home v. Ortiz, 91-2517
...care. Smith v. DRW Realty Page 426 Servs., 569 So.2d 462, 464 (Fla. 1st DCA1990) (on rehearing); John Barley Memorial v. Gillam, 550 So.2d 1179, 1180 (Fla. 1st DCA1989). See also Lopez v. Pennsuco Cement & Aggregates, Inc., 401 So.2d 875, 876 (Fla. 1st DCA1981) (reversing a denial of attend......
-
Amfesco Duramil Div. v. Guzman, 91-1333
...when the evidence clearly shows that the claimant is PTD based solely on his or her physical injury. See John Barley Memorial v. Gillam, 550 So.2d 1179 (Fla. 1st DCA 1989). Because there is competent, substantial evidence (CSE) in the record to support a determination that Page 733 claimant......
-
Winn Dixie Stores, Inc. v. Grubb, 89-2974
...Martin-Marietta Corp. v. Vargas, 472 So.2d 833 (Fla. 1st DCA 1985). This case is factually similar to John Barley Memorial v. Gillam, 550 So.2d 1179 (Fla. 1st DCA 1989). In Gillam, the employer/carrier attacked the judge's finding of permanent total disability, asserting the award was prema......
-
Stuck v. Richard's Cable TV, 91-3532
...if the record clearly establishes that a claimant is PTD based upon either of the two injuries alone. See John Barley Memorial v. Gillam, 550 So.2d 1179 (Fla. 1st DCA In the case at bar, as noted, Dr. Jones stated that claimant has been permanently and totally disabled since February 12, 19......