K-Mart v. Young, K-MART and KM
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | WIGGINTON |
| Citation | 526 So.2d 965,13 Fla. L. Weekly 1248 |
| Docket Number | No. 87-1150,K-MART and KM |
| Decision Date | 25 May 1988 |
| Parties | 13 Fla. L. Weekly 1248 Services, Appellants, v. Simone YOUNG, Appellee. |
Page 965
v.
Simone YOUNG, Appellee.
First District.
Page 966
Lamar D. Oxford, of Dean, Ringers, Morgan & Lawton, Orlando, for appellants.
Bill McCabe, of Shepherd, McCabe & Cooley, and J. David Parrish, of Hurt & Parrish, P.A., Orlando, for appellee.
WIGGINTON, Judge.
The employer, K-Mart, appeals from the order of the deputy commissioner awarding claimant "temporary total disability or temporary partial disability" and denying K-Mart's claim to a "setoff." We affirm in part and reverse in part.
Claimant injured her right foot during the course and scope of her employment on November 8, 1984. She received treatment by two authorized physicians but claimed such treatment was unsatisfactory. Therefore, on her own initiative, claimant sought unauthorized treatment from Dr. Pascarella, a podiatrist.
Claimant also returned to work during this period of time but was having difficulty walking and suffered "desperate pain" in her foot. On June 5, 1986, she filed a claim for payment of medical care rendered by Dr. Pascarella. An order was entered on December 8, 1986, noting the testimony of the two authorized orthopedic surgeons that claimant had reached maximum medical improvement sometime in 1985. In the order, the deputy rejected Dr. Pascarella's and claimant's testimony and accepted the testimony of the authorized physicians that claimant was malingering and that there was no clinical substantiation for her complaints of foot pain. The deputy also noted the physicians' testimony that claimant could return to full-time work in 1985 with no limitation.
However, pursuant to a motion to set aside the order filed by claimant, the deputy entered an order on January 20, 1987, agreeing that the December 8 order was overly broad and overreaching, containing items not decided at the hearing, and instead simply stated that "[a]fter hearing testimony of the claimant as well as viewing films and testimony of the investigator I find that the claim for treatment under Dr. Pascarella and payment of his past incurred bills is denied."
Thereafter, on February 18, claimant elected to undergo surgery on her foot,
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which surgery was unauthorized and was performed by Dr. Pascarella. On subsequent deposition, Dr. Pascarella testified that within a reasonable degree of podiatric probability the need for surgery was the result of the industrial accident. He further stated the surgery revealed a peripheral nerve that appeared abnormal and entrapped, as well as an abnormality of a sheath in the common tendons that flex and extend the toes. He testified that the nerve was entrapped as a result of claimant's accident...To continue reading
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Grice v. Escambia County Sheriff's Dept., No. 94-1950
...Co., 339 So.2d 636 (Fla.1976) (pension); City of Miami v. Smith, 602 So.2d 542 (Fla. 1st DCA 1991) (city pension); K-Mart v. Young, 526 So.2d 965 (Fla. 1st DCA 1988) (disability insurance furnished by All parties substantially agree to the foregoing. They disagree, however, on the employer'......
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City of Pensacola v. Winchester, 89-999
...ought not exceed the employee's average weekly wage. See Brown, 305 So.2d at 194; Domutz, 339 So.2d at 637. See also K-Mart v. Young, 526 So.2d 965, 968 (Fla. 1st DCA These decisions all recognize that an injured employee is entitled to receive workers' compensation benefits, in addition to......
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Pic N' Save v. Edens, No. 94-223
...was incumbent upon the claimant to establish her temporary partial disability by evidence of a good faith work search. K-Mart v. Young, 526 So.2d 965 (Fla. 1st DCA 1988); Xerographics and Claims Center v. Bender, 558 So.2d 514 (Fla. 1st DCA Regarding the claimant's work search, the JCC's or......
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City of Miami v. Fernandez, 91-1793
...medical testimony of an inability to work, a claimant is required to conduct a search for employment. See generally, K-Mart v. Young, 526 So.2d 965 (Fla. 1st DCA 1988); Hill v. Baptist Hospital, 464 So.2d 1350 (Fla. 1st DCA 1985); Pompano Roofing Co., Inc. v. O'Neal, 410 So.2d 971 (Fla. 1st......
-
Grice v. Escambia County Sheriff's Dept., No. 94-1950
...Co., 339 So.2d 636 (Fla.1976) (pension); City of Miami v. Smith, 602 So.2d 542 (Fla. 1st DCA 1991) (city pension); K-Mart v. Young, 526 So.2d 965 (Fla. 1st DCA 1988) (disability insurance furnished by All parties substantially agree to the foregoing. They disagree, however, on the employer'......
-
City of Pensacola v. Winchester, 89-999
...ought not exceed the employee's average weekly wage. See Brown, 305 So.2d at 194; Domutz, 339 So.2d at 637. See also K-Mart v. Young, 526 So.2d 965, 968 (Fla. 1st DCA These decisions all recognize that an injured employee is entitled to receive workers' compensation benefits, in addition to......
-
City of Miami v. Fernandez, 91-1793
...medical testimony of an inability to work, a claimant is required to conduct a search for employment. See generally, K-Mart v. Young, 526 So.2d 965 (Fla. 1st DCA 1988); Hill v. Baptist Hospital, 464 So.2d 1350 (Fla. 1st DCA 1985); Pompano Roofing Co., Inc. v. O'Neal, 410 So.2d 971 (Fla. 1st......
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Pic N' Save v. Edens, No. 94-223
...was incumbent upon the claimant to establish her temporary partial disability by evidence of a good faith work search. K-Mart v. Young, 526 So.2d 965 (Fla. 1st DCA 1988); Xerographics and Claims Center v. Bender, 558 So.2d 514 (Fla. 1st DCA Regarding the claimant's work search, the JCC's or......