Stanley v. Okeelanta Corp., 89-3335
| Citation | 16 Fla. L. Weekly 608,575 So.2d 734 |
| Decision Date | 26 February 1991 |
| Docket Number | No. 89-3335,89-3335 |
| Parties | 16 Fla. L. Weekly 608 William STANLEY, Appellant, v. OKEELANTA CORPORATION and National Employers Company, Appellees. |
| Court | Court of Appeal of Florida (US) |
R. Cory Schnepper and Kathleen L. Spalding of Levine, Busch, Schnepper & Stein, P.A., Miami, for appellant.
Walter E. Beisler of Beisler & Beisler, West Palm Beach, for appellees.
The claimant in this workers' compensation case appeals from an order setting the date of maximum medical improvement (MMI), denying wage loss benefits after that date because of the absence of any permanent impairment, and denying temporary partial disability (TPD) benefits during the weeks preceding the MMI date. We affirm all portions of the order, except that portion denying TPD benefits.
On February 15, 1988, the appellant was injured in a compensable accident, and was paid temporary total disability (TTD) benefits from that date. During July and August of 1988, doctors treating the appellant determined that the appellant could return to work, at least on a light-duty basis. When the appellees thereupon discontinued payment of TTD benefits, they did not advise the appellant of his obligation to conduct a work search in order to qualify for TPD benefits. Based upon the medical evidence presented at the hearing, the judge of compensation claims found that the appellant reached MMI without any permanent impairment on December 6, 1988. Accordingly, the judge denied the claim for wage loss benefits after the date of MMI. The judge also denied the claim for TPD benefits from August 1, 1988, the date the TTD benefits were terminated, to the date of MMI.
We find that the record contains competent substantial evidence supporting the finding that December 6, 1988, was the date of MMI. Competent substantial evidence also supports the finding of no permanent impairment, and consequently, the denial of post-MMI wage loss benefits. However, we find that the judge erred in denying the claim for TPD benefits between August 1, 1988, and December 6, 1988.
When an injured employee has regained the ability to work but has not yet reached MMI, he is no longer entitled to TTD benefits, but he is entitled, upon proof of a conscientious work search, to TPD benefits. Xerographics and Claims Center v. Bender, 558 So.2d 514 (Fla. 1st DCA 1990); Ringling Bros. Barnum and Bailey Circus v. O'Blocki, 496 So.2d 947 (Fla. 1st DCA 1986); and Holiday Care Center v....
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