Mendivil v. Tampa Envelope Mfg. Co., 38802
| Decision Date | 11 March 1970 |
| Docket Number | No. 38802,38802 |
| Citation | 233 So.2d 5 |
| Parties | Betty V. MENDIVIL, Petitioner, v. TAMPA ENVELOPE MANUFACTURING COMPANY, Michigan Liability Company and Florida Industrial Commission, Respondents. |
| Court | Florida Supreme Court |
Ted L. Wells, Tampa, for petitioner.
Daniel N. Burton, of Pope & Burton, Tampa, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
By petition for certiorari we review an order of the Florida Industrial Commission reversing a workmen's compensation award entered by the judge of industrial claims.
The sole point involved is whether the industrial judge's award of temporary, total disability compensation running from the time of the industrial accident until some future date after the entry of his December 24, 1968, Order is supported by competent, substantial evidence.
Petitioner Mendivil suffered a subcapital fracture of her left femur in an industrial accident on September 12, 1966. Dr. Williamson performed remedial surgery in the nature of Knowles pinning and was her initial treating orthopedic surgeon. After examination on March 3, 1967, Dr. Williamson concluded claimant could return to work within two weeks. Consequently, on March 16, 1967, respondent stopped paying temporary, total compensation. Dr. Williamson stopped treating claimant in June when she discontinued further visits. Claimant continued to maintain she suffered pain in the thigh and hip. Dr. Williamson, while agreeing she had not yet reached maximum, medical improvement, believed she was 'willfully and consciously exaggerating her symptoms * * * for financial gain.' Dr. Diaz saw her once, on July 19, 1967, and he concurred with Dr. Williamson's findings, that claimant could return to work though she had not yet reached maximum, medical improvement.
In November, 1967, claimant moved to California. In March, 1968, she saw Dr. Hall, an orthopedic surgeon, complaining of pain in her hip and leg. He stated that her x-rays were normal, but that she possibly was suffering from bursitis over the ends of the Knowles pins. On March 21, 1968, he operated and removed the pins. After the operation Dr. Hall considered her condition to be 'permanent and stationary.' He also recommended she return to work. Still, claimant's leg pains continued though Dr. Hall could find no objective evidence to pin-point their cause. Dr. Hall concluded that claimant's pains were caused by emotional reactions created by her personality and not her industrial injury. He stated such emotional...
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