Patterson v. Wellcraft Marine, No. BK-196

CourtCourt of Appeal of Florida (US)
Writing for the CourtERVIN
Citation509 So.2d 1195,12 Fla. L. Weekly 1598
Parties12 Fla. L. Weekly 1598 Sarah B. PATTERSON, Appellant, v. WELLCRAFT MARINE, and Crawford & Company, Appellees.
Docket NumberNo. BK-196
Decision Date30 June 1987

Page 1195

509 So.2d 1195
12 Fla. L. Weekly 1598
Sarah B. PATTERSON, Appellant,
v.
WELLCRAFT MARINE, and Crawford & Company, Appellees.
No. BK-196.
District Court of Appeal of Florida,
First District.
June 30, 1987.
Rehearing Denied Aug. 5, 1987.

Page 1196

John T. Fryback, P.A., Bradenton, for appellant.

Claire L. Hamner of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, Sarasota, for appellees.

ERVIN, Judge.

In this workers' compensation case, appellant/claimant appeals from an order denying her claim for wage-loss benefits, entered on the ground that claimant had failed to meet her threshold burden of showing that she had sustained a permanent impairment as a result of her injury. We reverse and remand.

Claimant suffered an industrial injury on September 21, 1984, when, while working as a fiberglasser, she slipped, fell backwards and hit her lower back. Her injury was initially diagnosed as a lumbar strain, and rest was recommended. Upon returning to work, she continued to suffer muscle spasms, soreness and pain in her lower back. In February 1985, she was admitted to the hospital, where a diagnostic myelogram and CT scan were performed, both of which were negative. Appellant returned to work on a light duty status, but shortly thereafter experienced additional pain in her lower back, left leg and hip. She was eventually terminated because of absences on the job. Following her termination, she revisited one of her treating physicians, Dr. Sprenger, who recommended that she not continue work until a second opinion was obtained.

Dr. Meriwether, a neurosurgeon, was later approved by the employer to examine the appellant. Examinations were conducted in May, July, and August of 1985, leading to Dr. Meriwether's concurrence in Dr. Sprenger's earlier assessment that the appellant was suffering from chronic lumbar back strain, which in Meriwether's view caused decreased range of motion, together with lumbar muscle spasm to a mild degree. In his opinion appellant had reached MMI in September 1985, with a permanent anatomical impairment of five percent, pursuant to the AMA Guides and the orthopedic supplement thereto. Dr. Meriwether explained that his disability rating was actually "a subjective assessment based on watching the patient move from side-to-side or forward and back; and palpating the lumbar muscles ... [to] see if in fact there is spasm present and whether or not the spasm is released with appropriate movement to one side or the other." He admitted that his opinion was based primarily on his...

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12 practice notes
  • Jackson Manor Nursing Home v. Ortiz, No. 91-2517
    • United States
    • Court of Appeal of Florida (US)
    • September 4, 1992
    ...sufficient reasons); see also, Severini v. Pan American Beauty School, 557 So.2d 896 (Fla. 1st DCA1990); Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA1987); Calleyro v. Mt. Sinai Hospital, 504 So.2d 1336 (Fla. 1st DCA1987), rev. denied, 513 So.2d 1062 We REVERSE the award to c......
  • Philpot v. City of Miami, No. 88-1222
    • United States
    • Court of Appeal of Florida (US)
    • March 16, 1989
    ...435, (Fla. 1st DCA Feb. 15, 1989); Shop & Go, Inc. v. Hart, 537 So.2d 667 (Fla. 1st DCA 1989), quoting Patterson v. Wellcraft Marine, 509 So.2d 1195, Page 683 1197 (Fla. 1st DCA 1987). See also Dayron Corp. v. Morehead, 509 So.2d 930 (Fla.1987); United General Construction v. Cason, 479 So.......
  • Shop & Go, Inc. v. Hart, No. 87-2083
    • United States
    • Court of Appeal of Florida (US)
    • January 18, 1989
    ...treating a claimant, and that such an opinion will suffice without reliance on a medical manual or guide." Patterson v. Wellcraft Marine, 509 So.2d 1195 at 1197 (Fla. 1st DCA 1987); United General Construction v. Cason, 479 So.2d 833 (Fla. 1st DCA 1985); Martin County School Board v. McDani......
  • Severini v. Pan American Beauty School, Inc., No. 89-715
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1990
    ...of compensation claims has the discretion to accept the opinion of one physician over that of another, Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA 1987), the judge may not reject unrefuted medical testimony of a party's expert witness without a reasonable explanation for doi......
  • Request a trial to view additional results
12 cases
  • Jackson Manor Nursing Home v. Ortiz, No. 91-2517
    • United States
    • Court of Appeal of Florida (US)
    • September 4, 1992
    ...sufficient reasons); see also, Severini v. Pan American Beauty School, 557 So.2d 896 (Fla. 1st DCA1990); Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA1987); Calleyro v. Mt. Sinai Hospital, 504 So.2d 1336 (Fla. 1st DCA1987), rev. denied, 513 So.2d 1062 We REVERSE the award to c......
  • Philpot v. City of Miami, No. 88-1222
    • United States
    • Court of Appeal of Florida (US)
    • March 16, 1989
    ...435, (Fla. 1st DCA Feb. 15, 1989); Shop & Go, Inc. v. Hart, 537 So.2d 667 (Fla. 1st DCA 1989), quoting Patterson v. Wellcraft Marine, 509 So.2d 1195, Page 683 1197 (Fla. 1st DCA 1987). See also Dayron Corp. v. Morehead, 509 So.2d 930 (Fla.1987); United General Construction v. Cason, 479 So.......
  • Shop & Go, Inc. v. Hart, No. 87-2083
    • United States
    • Court of Appeal of Florida (US)
    • January 18, 1989
    ...treating a claimant, and that such an opinion will suffice without reliance on a medical manual or guide." Patterson v. Wellcraft Marine, 509 So.2d 1195 at 1197 (Fla. 1st DCA 1987); United General Construction v. Cason, 479 So.2d 833 (Fla. 1st DCA 1985); Martin County School Board v. McDani......
  • Severini v. Pan American Beauty School, Inc., No. 89-715
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1990
    ...of compensation claims has the discretion to accept the opinion of one physician over that of another, Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA 1987), the judge may not reject unrefuted medical testimony of a party's expert witness without a reasonable explanation for doi......
  • Request a trial to view additional results

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