Massey Servs., Inc. v. Knox
Decision Date | 16 January 2013 |
Docket Number | No. 1D12–2942.,1D12–2942. |
Parties | MASSEY SERVICES, INC. and Sedgwick Claims Management Services, Appellants, v. Jinger KNOX, Appellee. |
Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Ricki L. Whipple of Zimmerman, Kiser & Sutcliffe, Orlando, for Appellants.
Michael L. Davis, Orlando, and Bill McCabe, Longwood, for Appellee.
The Employer/Carrier (E/C) appeals an order of the Judge of Compensation Claims (JCC) awarding workers' compensation benefits to Claimant. The E/C raises three issues on appeal, only one of which merits discussion.
We affirm the first two issues raised by the E/C which relate to the JCC's lack of findings regarding the major contributing cause of Claimant's disability and need for medical treatment, and the sufficiency of the evidence supporting the award of temporary partial disability (TPD) benefits from May 11, 2011, and thereafter. We write to address the E/C's third issue: Whether the record supports the award of TPD benefits from April 25, 2011, through May 10, 2011.
Although medical testimony establishes Claimant's physical restrictions as of May 11, 2011, and thereafter, no medical evidence establishes Claimant's medical work restrictions prior to May 11, 2011; nor was the doctor whose opinions were accepted by the JCC asked questions regarding Claimant's restrictions prior to May 11, 2011. Cf. Feacher v. Total Employee Leasing/Guarantee Ins. Co., 61 So.3d 1236 (Fla. 1st DCA 2011) ( ); Kenney v. Juno Fire Control Dist., 506 So.2d 449 (Fla. 1st DCA 1987) ( ); Evans v. Orlando Work Force, 449 So.2d 992 (Fla. 1st DCA 1984) ( ).
Accordingly, the JCC erred in awarding TPD benefits from April 25, 2011, through May 10, 2011. For the foregoing reasons, the order on appeal is AFFIRMED in part, REVERSED in part, and REMANDEDfor entry of an order consistent with this opinion.
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...Stat. (2018) (defining "disability"). Medical evidence is necessary to support an award of TPD benefits. See Massey Servs., Inc. v. Knox , 131 So. 3d 797 (Fla. 1st DCA 2013). But here, the JCC's factual finding of medical restrictions based on the medical evidence is ambiguous. The JCC stat......