Scotty's, Inc. v. Sarandrea, 93-1547
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM; BENTON; BENTON |
| Citation | 645 So.2d 121 |
| Parties | 19 Fla. L. Weekly D2420 SCOTTY'S, INC. and Scott Wetzel Services, Inc., Appellants, v. Joseph SARANDREA, Appellee. |
| Docket Number | No. 93-1547,93-1547 |
| Decision Date | 14 November 1994 |
Page 121
v.
Joseph SARANDREA, Appellee.
First District.
Page 122
Robert A. LeVine of Gluckman, Newman & LeVine, P.A., Tampa, for appellants.
Martin B. Donohoe of Vaughan, Donohoe & Thompson, Orlando, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellee.
PER CURIAM.
This cause is before us on appeal from an order of the judge of compensation claims (JCC) awarding various benefits to claimant Joseph Sarandrea. Scotty's, Inc., and Scott Wetzel Services, Inc., the employer and carrier (E/C), raise two issues on appeal: Whether the JCC erred in rejecting uncontroverted medical evidence that claimant reached maximum medical improvement (MMI); and whether the JCC erred in ordering Dr. Richard Rhodes to perform an independent medical examination (IME) at the E/C's expense. We affirm in part, reverse in part, and remand.
On September 26, 1991, claimant injured his lower back while working for Scotty's. Claimant, who was diagnosed as having a disc herniation at L5-S1, sought treatment from several chiropractors, principally, Dr. James Yenzer and Dr. Lindell McKinnon. Dr. Yenzer treated claimant from December 1991 to April 1992, and Dr. McKinnon treated claimant from August 1992 through the date of hearing. Beginning in April 1992, claimant filed several claims seeking, inter alia, temporary total disability (TTD), temporary partial disability (TPD), or wage-loss benefits; payment of all outstanding chiropractic bills; and payment for continuing chiropractic care by Dr. McKinnon.
Following a hearing, the JCC issued an order requiring the E/C to pay TTD benefits from April 9, 1992 through May 4, 1992; TPD benefits from May 5, 1992 through the date of the hearing; and payment of all past and future chiropractic treatment. The JCC also ordered claimant to obtain an IME from Dr. Richard Rhodes at the E/C's expense. According to the JCC's order, the IME would be significant as to "what treatment, if any, is required, and to obtain [an MMI] date and permanent impairment rating.... This would also be of great assistance to the Court, as Dr. McKinnon's testimony regarding [MMI] is unconvincing."
On appeal, the E/C argue that the JCC abused discretion in failing to establish claimant's MMI date according to Dr. McKinnon's testimony. We find merit in this argument. MMI is the date after which recovery or lasting improvement from an injury can no longer be anticipated. Rolle v. Picadilly Cafeteria, 573 So.2d 94 (Fla. 1st DCA 1991); section 440.02(8), Florida Statutes (1991). The question of when a claimant has reached MMI is essentially a medical question and, as such, should be answered by medical experts. Shop & Go, Inc. v. Hart, 537 So.2d 667 (Fla. 1st DCA 1989); Jackson
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v. Dade County School Board, 454 So.2d 765 (Fla. 1st DCA 1984)....To continue reading
Request your trial
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Williams v. Bci Industries, 1D06-0469.
...by denying the motion. It is undisputed that a JCC may order an IME on his or her own motion. See, e.g., Scotty's, Inc. v. Sarandrea, 645 So.2d 121 (Fla. 1st DCA 1994); Berry Corp. v. Smith, 576 So.2d 1366 (Fla. 1st DCA 1991); Sanlando Reprographics v. Vidimos, 545 So.2d 397 (Fla. 1st DCA 1......
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Florida Power Corp. v. Hamilton, 94-826
...marks the date at which recovery or lasting improvement from an injury can no longer be anticipated. Scotty's, Inc. v. Sarandrea, 645 So.2d 121 (Fla. 1st DCA 1994); Jackson v. Columbia Pictures, 610 So.2d 1349, 1350 (Fla. 1st DCA 1992). The determination of maximum medical improvement is es......
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ITT/Palm Coast Utilities, CIGNA v. Douglas, 96-2027
...which does not fall within the exceptions set out in section 90.803(4) or (6), Florida Statutes (1995). Scotty's, Inc. v. Sarandrea, 645 So.2d 121, 123 n. 1 (Fla. 1st DCA 1994) (doctor's letter inadmissible hearsay); Lowe's of Tallahassee v. Giaimo, 552 So.2d 304 (Fla. 1st DCA 1989); Odom v......
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Olvera v. Hernandez Constr. of SW Fla. Inc., 1D19-0500
...a medical question, it should be answered by medical experts." Lemmer , 947 So. 2d at 1198 (citing Scotty's, Inc., v. Sarandrea , 645 So. 2d 121, 122 (Fla. 1st DCA 1994) ).In Fitzgerald , this court found that the black-letter rules (affording the presumption of correctness to EMA opinion i......
-
Williams v. Bci Industries, 1D06-0469.
...by denying the motion. It is undisputed that a JCC may order an IME on his or her own motion. See, e.g., Scotty's, Inc. v. Sarandrea, 645 So.2d 121 (Fla. 1st DCA 1994); Berry Corp. v. Smith, 576 So.2d 1366 (Fla. 1st DCA 1991); Sanlando Reprographics v. Vidimos, 545 So.2d 397 (Fla. 1st DCA 1......
-
Florida Power Corp. v. Hamilton, 94-826
...marks the date at which recovery or lasting improvement from an injury can no longer be anticipated. Scotty's, Inc. v. Sarandrea, 645 So.2d 121 (Fla. 1st DCA 1994); Jackson v. Columbia Pictures, 610 So.2d 1349, 1350 (Fla. 1st DCA 1992). The determination of maximum medical improvement is es......
-
ITT/Palm Coast Utilities, CIGNA v. Douglas, 96-2027
...which does not fall within the exceptions set out in section 90.803(4) or (6), Florida Statutes (1995). Scotty's, Inc. v. Sarandrea, 645 So.2d 121, 123 n. 1 (Fla. 1st DCA 1994) (doctor's letter inadmissible hearsay); Lowe's of Tallahassee v. Giaimo, 552 So.2d 304 (Fla. 1st DCA 1989); Odom v......
-
Olvera v. Hernandez Constr. of SW Fla. Inc., 1D19-0500
...a medical question, it should be answered by medical experts." Lemmer , 947 So. 2d at 1198 (citing Scotty's, Inc., v. Sarandrea , 645 So. 2d 121, 122 (Fla. 1st DCA 1994) ).In Fitzgerald , this court found that the black-letter rules (affording the presumption of correctness to EMA opinion i......