Publix Supermarkets, Inc. v. Simpson
| Decision Date | 05 November 1985 |
| Docket Number | No. BF-118,BF-118 |
| Citation | 478 So.2d 844,10 Fla. L. Weekly 2472 |
| Parties | 10 Fla. L. Weekly 2472 PUBLIX SUPERMARKETS, INC. and Hartford Insurance Group, Appellants, v. Troy SIMPSON, Appellee. |
| Court | Florida District Court of Appeals |
Mark Zientz of Williams & Zientz, Coral Gables, for appellants.
Irving E. Dunn of Dunn & Johnson, Miami, for appellee.
This cause is before us on appeal from a workers' compensation order awarding temporary total disability benefits from October 12, 1982, up to and including May 18, 1983, wage-loss benefits from May 18, 1983, up to and including January 5, 1984, and certain medical bills.
The award of temporary total disability benefits from October 12, 1982, through October 23, 1982, is reversed. The only evidence in the record is that claimant could and did work during this time period.
The award of temporary total disability benefits from March 1, 1983 (as stated by Dr. Struhl, "the end of February, beginning of March"), to May 18, 1983, is reversed. The only evidence in the record relevant to this time period is the testimony of Dr. Struhl that claimant was able to work "from the end of February, beginning of March," and his testimony on cross-examination that claimant was able to work "probably around the beginning of March." 1 Claimant testified that he did not begin searching for work until July, 1983. It is uncontradicted in the record that claimant was able to work and failed to perform a work search for this time period. There is no evidence in the record to support an award of temporary total disability benefits for this time period, and such award was error.
Claimant's uncontradicted testimony is that he began looking for work in July, 1983. There is no evidence of any work search from May 18, 1983, through July 30, 1983. Therefore, the award of wage-loss benefits for May 18, 1983, through June 30, 1983, is reversed. The remainder of the wage-loss award, from July 1, 1983, through January 5, 1984, is affirmed, as there is competent, substantial evidence in the record of a good-faith work search for this time period.
Finally, the medical bills of Dr. Struhl and Dr. Herskowitz were not properly filed, as required by Section 440.13(1), Florida Statutes. While the deputy can excuse the filing of these bills for good cause, there is nothing in the record to support a finding of good cause. Neither the fact that a claim is being contested nor the failure to provide medical...
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Lovell Bros., Inc. v. Kittles, s. BN-11
...641 (Fla. 1st DCA 1982). The peculiar facts of this case distinguish it from the application of the rule in Publix Supermarkets, Inc. v. Simpson, 478 So.2d 844 (Fla. 1st DCA 1985). Appellants' remaining points do not require reversal. The record contains competent substantial evidence, prim......
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Suncrete Corp. v. Schofield, BJ-8
...a partial ability to work. Valencia Community College v. Elder, 461 So.2d 204 (Fla. 1st DCA 1984); Publix Supermarkets, Inc. v. Simpson, 478 So.2d 844 (Fla. 1st DCA 1985); Southern Bell Telephone and Telegraph Company v. Albritton, 464 So.2d 219 (Fla. 1st DCA 1985). Moreover, claimant likew......
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Charles J. Givens Organization v. Morris
...compensated him for his work. Accordingly, he was not entitled to TTD benefits for this period either. See Publix Supermarkets, Inc. v. Simpson, 478 So.2d 844 (Fla. 1st DCA 1985). In addition, because Morris testified that he returned to work on February 22, 1994, the JCC erred in awarding ......