Stewart v. Resort Inns of America, BQ-329
| Decision Date | 07 October 1987 |
| Docket Number | No. BQ-329,BQ-329 |
| Citation | 12 Fla. L. Weekly 2378,513 So.2d 1334 |
| Parties | 12 Fla. L. Weekly 2378 Ricky STEWART, Appellant, v. RESORT INNS OF AMERICA and Cincinnati Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Barry M. Salzman of Chalmers & Salzman, St. Petersburg, for appellant.
Mark E. Hungate of Fowler, White, Gillen, Boggs, Villareal & Banker, St. Petersburg, for appellees.
The claimant/appellant appeals the order of the deputy commissioner (dc) denying temporary partial disability (TPD)/wage-loss (WL) benefits. We reverse and remand the case to the dc for further clarification.
On June 8, 1985, the claimant injured his back while working for Resort Inns, the employer/carrier (e/c). The claimant remained out of work for approximately one month, and upon returning to work, continued to experience pain in his lower back, forcing him to terminate his employment. Claimant then visited Dr. Sullivan, who referred the claimant to physical therapy for five days. On August 1, 1985, Dr. Sullivan released the claimant to work, stating:
I am releasing him [claimant] to work today. ... It would be best if he were placed in some type of job where he did not have to do a lot of heavy lifting and carrying but, at this time, based on the medical examination, I would say that I cannot limit his activities.
The claimant worked at various jobs over the course of the following year, but was either forced to leave employment, due to persistent pain in his back, or was fired because he missed too many days of work, absences which the claimant testified were attributable to his back pain.
The claimant revisited Dr. Sullivan in September and November 1985, and again in July 1986. Dr. Sullivan then determined that the claimant was suffering from chronic low-back pain, stating:
This gentleman continues to complain of pain in the lower part of his back.... He continues to have complaints of pain, especially when he stands for long periods of time or when he bends.... This gentleman appears to have a chronic low back syndrome but at the present time he is not a candidate for any surgery.
The claimant filed a claim for TPD/WL benefits from August 3, 1985 and continuing, future medical treatment, penalties, interest, costs, and attorney's fees. The dc found that the claimant was not entitled to TPD or WL benefits, as he was released to work on August 1, 1985, by Dr. Sullivan without any physical restrictions. Because, however, the claimant had continuing complaints of pain, and Dr. Sullivan admitted that the claimant did have a chronic low-back syndrome, the dc found that the claimant was entitled to evaluation and treatment, if necessary, by another doctor.
We remand this case to the dc for further clarification, as the order fails to indicate whether the claimant has reached MMI, and, if so, whether he has sustained a permanent physical impairment. The dc apparently concluded that the claimant should be precluded from receiving TPD or WL benefits once he was released to work without any physical restrictions. The ability to return to work in some...
To continue reading
Request your trial
-
Aino's Custom Slip Covers v. DeLucia
...expectation that further improvement is possible, a claimant cannot be considered to have reached MMI. Stewart v. Resort Inns of America, 513 So.2d 1334 (Fla. 1st DCA 1987). The award of PTD benefits for the period from June 2, 1987 to August 31, 1987, when the E/C voluntarily accepted clai......
-
Scotty's, Inc. v. Sarandrea, 93-1547
...conflict with Dr. McKinnon's finding of MMI since it only states that claimant was unable to work. See Stewart v. Resort Inns of America, 513 So.2d 1334 (Fla. 1st DCA 1987), quoting Ardmore Farms, Inc. v. Squires, 395 So.2d 268 (Fla. 1st DCA ...
-
Morton Plant Hosp., Inc. v. Craft, 88-2176
...that the claimant has or has not reached MMI, the dc is unable to address the issue of permanent disability. Stewart v. Resort Inns of America, 513 So.2d 1334 (Fla. 1st DCA 1987). Therefore, the dc's finding a PPI must be reversed until the MMI date has been properly determined. The dc may ......
-
Stoffel Plumbing, Inc. v. Smith
...the benefits awarded. See Iverson v. Holy Cross Hospital, 498 So.2d 620 (Fla. 1st DCA 1986); see also, Stewart v. Resort Inns of America, 513 So.2d 1334 (Fla. 1st DCA 1987). Section 440.15(3)(b)1, Florida Statutes, expressly conditions wage loss benefits upon the existence of a permanent im......