Lake Highland Nursing Home v. Everett, WW-317

Citation397 So.2d 380
Decision Date21 April 1981
Docket NumberNo. WW-317,WW-317
CourtFlorida District Court of Appeals
PartiesLAKE HIGHLAND NURSING HOME and R. P. Hewitt & Associates of Florida, Inc., Appellants, v. Elnora EVERETT, Appellee.

Janet L. Brown, of Haas, Boehm, Brown & Rigdon, P. A., Orlando, for appellants.

Bill McCabe, of Shepherd, McCabe & Cooley, Orlando, Edward H. Hurt, of Hurt & Parrish, P. A., Orlando, for appellee.

PER CURIAM.

The Employer/Carrier appeal a workers' compensation order which awarded claimant temporary total disability benefits. We find that the award of temporary total disability benefits is supported by substantial competent evidence.

Paragraph one of the decretal portion of the deputy's order erroneously provides for payment of temporary total disability benefits until claimant shall have reached maximum medical improvement or shall have returned to gainful employment. There is no automatic relationship between temporary total disability and the achievement of maximum medical improvement, or the return to work by the injured party. National Airlines v. Rowley, 9 FCR 262 (1975); Winn Dixie Stores, Inc. v. Hill, IRC Order 2-3645 (1979). Therefore, this portion of the order is hereby amended to confine payment of temporary total disability benefits to the actual period of temporary total disability.

Paragraph two of the decretal portion of the deputy's order erroneously overlooks the time limitations of Section 440.13(3)(b), Florida Statutes (1977) in its award of remedial treatment. This portion of the order is amended as follows:

The employer/carrier shall provide to the claimant such care and treatment as the nature of her injury or the process of her recovery may require, under a qualified psychiatrist in the Lake County area who is mutually agreeable to the claimant and the employer/carrier, in the manner and for the time provided by law.

Luv Auto Sales, Inc. v. Murphy, IRC Order 2-3567 (1978), cert. dismissed 373 So.2d 459 (Fla.1979).

As amended, the order is affirmed.

BOOTH and JOANOS, JJ., and PEARSON, TILLMAN (Retired), Associate Judge, concur.

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2 cases
  • Tavares Grove Care v. Simmons
    • United States
    • Florida District Court of Appeals
    • 16 août 1982
    ...or is able to return to work. See e.g., Willard Kaufman Co. v. Rawlings, 414 So.2d 641 (Fla. 1st DCA 1982); Lake Highland Nursing Home v. Everett, 397 So.2d 380 (Fla. 1st DCA 1981); Fowler Harvesting v. Thompson, 394 So.2d 1086 (Fla. 1st DCA Accordingly, the decretal portion of the order aw......
  • Willard Kaufman Co. v. Rawlings
    • United States
    • Florida District Court of Appeals
    • 2 juin 1982
    ...reaches MMI or is able to return to work. Fowler Harvesting v. Thompson, 394 So.2d 1086 (Fla. 1st DCA 1981); Lake Highland Nursing Home v. Everett, 397 So.2d 380 (Fla. 1st DCA 1981). We also affirm the portion of the award requiring the employer/carrier to pay the medical bills of Florida H......

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