Morrison Merchandising Corp. v. Rambeau, QQ-2
| Citation | 377 So.2d 234 |
| Decision Date | 27 November 1979 |
| Docket Number | No. QQ-2,QQ-2 |
| Parties | MORRISON MERCHANDISING CORPORATION and Morrison Assurance Company, Appellants, v. Richard RAMBEAU, Appellee. |
| Court | Court of Appeal of Florida (US) |
James H. Smith of Marlow, Shofi, Ortmayer, Smith, Connell & Valerius, Tampa, for appellants.
Seymour L. Honig, Tampa, for appellee.
The claimant's hand was amputated as a result of an industrial accident that occurred on April 9, 1975. The stump was well-healed by November 24th, but claimant was not immediately fitted with a prosthetic device. On October 21, 1976, he secured the services of a psychiatrist who opined that he was totally disabled from a psychiatric standpoint. Treatment by the psychiatrist was continued until December 16, 1976, at which time the claimant was no longer considered suicidal.
A hearing was held on February 23, 1979 at which time the judge found that the claimant had reached maximum medical improvement on October 4, 1977, and awarded temporary total disability benefits up to and including that date. Claimant was also awarded 75% Permanent partial disability of the body as a whole based on loss of wage earning capacity. In arriving at his rating, the judge considered both the scheduled injury and the injury to the body as a whole.
The employer/carrier appeals the finding and the award. We reverse and remand.
It is clear from the record that the claimant reached maximum medical improvement from his orthopedic injury on November 24, 1975. Maximum medical improvement signifies the date after which the claimant is not expected to recover substantially from his accidentally induced medical problem. O. H. Development Corp. v. Tejera, IRC Order 2-2990 (July 29, 1976), Cert. denied, 342 So.2d 1104 (Fla.1976). The claimant in this instance, however, continued to suffer from psychological injury after the date of orthopedic MMI and from October 21, 1976 until December 16, 1976 he obtained regular treatment in an effort to overcome psychological problems associated with the loss of his hand. We have not been directed to any evidence in the record that would justify extending temporary benefits to a point in time subsequent to December 16th. We have considered the fact that the claimant had still not decided upon the type prosthesis he would use. This fact alone, however, is an insufficient basis for extending the MMI date until such time as this decision was made. The depositional nature of the evidence...
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