Martin-Marietta Corp. v. Vargas, MARTIN-MARIETTA

Decision Date10 July 1985
Docket NumberNo. BC-379,MARTIN-MARIETTA,BC-379
Citation472 So.2d 833,10 Fla. L. Weekly 1706
Parties10 Fla. L. Weekly 1706 CORPORATION and Home Insurance Company, Appellants, v. Monserrathe VARGAS, Appellee.
CourtFlorida District Court of Appeals

Bernard J. Zimmerman and Rex A. Hurley of Zimmerman, Shuffield, Kiser & Sutcliffe, Orlando, for appellants.

Dorothy Clay Sims of Chalkley & Sims, Ocala, for appellee.

NIMMONS, Judge.

The employer and carrier (E/C) appeal from an order awarding permanent total disability benefits. We reverse and remand.

Although the claimant had reached maximum medical improvement with respect to her orthopedic injuries, the record is clear, and it is undisputed, that she has not yet reached maximum medical improvement from her accident-related psychiatric disorder. We have held that where a claimant has both orthopedic and psychiatric injuries, permanent disability benefits cannot be awarded prior to the claimant reaching maximum medical improvement from both disorders. Fuchs Baking Co. v. Estate of Szlosek, 466 So.2d 415, 418 (Fla. 1st DCA 1985); Southern Bell Telephone & Telegraph Co. v. Rollins, 390 So.2d 93 (Fla. 1st DCA 1980); South Carolina Ins. Co. v. Blackman, 380 So.2d 1144 (Fla. 1st DCA 1980).

Accordingly, the deputy's order is reversed and remanded for further proceedings at which the claimant shall be permitted to amend her claim to include temporary benefits, and additional evidence may be presented by the parties.

Reversed and Remanded.

WENTWORTH and ZEHMER, JJ., concur.

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6 cases
  • John Barley Memorial v. Gillam
    • United States
    • Florida District Court of Appeals
    • October 25, 1989
    ...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 s......
  • Amfesco Duramil Div. v. Guzman
    • United States
    • Florida District Court of Appeals
    • March 24, 1992
    ...937, 939 (Fla. 1st DCA 1988); Setzer's Constr. Co. v. Hebeishy, 521 So.2d 365, 366 (Fla. 1st DCA 1988); Martin-Marietta Corp. v. Vargas, 472 So.2d 833, 833 (Fla. 1st DCA 1985). An exception to this rule exists, however, when the evidence clearly shows that the claimant is PTD based solely o......
  • Winn Dixie Stores, Inc. v. Grubb
    • United States
    • Florida District Court of Appeals
    • December 10, 1990
    ...So.2d 937, 939 (Fla. 1st DCA 1988); Setzer's Construction Co. v. Hebeishy, 521 So.2d 365 (Fla. 1st DCA 1988); 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, ......
  • Stuck v. Richard's Cable TV, 91-3532
    • United States
    • Florida District Court of Appeals
    • December 30, 1992
    ...937, 939 (Fla. 1st DCA 1988); Setzer's Construction Company v. Hebeishy, 521 So.2d 365 (Fla. 1st DCA 1988); Martin-Marietta Corporation v. Vargas, 472 So.2d 833 (Fla. 1st DCA 1985), an exception to the above rule exists if the record clearly establishes that a claimant is PTD based upon eit......
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