Tavares Grove Care v. Simmons
| Decision Date | 16 August 1982 |
| Docket Number | No. AJ-135,AJ-135 |
| Citation | 417 So.2d 1175 |
| Parties | TAVARES GROVE CARE and Florida Farm Bureau Insurance Company, Appellants, v. Kenneth SIMMONS, Appellee. |
| Court | Florida District Court of Appeals |
James M. Hess of Driscoll, Langston & Kane, Orlando, for appellants.
Thomas R. Mooney of Meyers, Mooney, Adler & Hammond, Orlando, for appellee.
In this workers' compensation appeal, the employer/carrier raises four points from the order entered. We affirm as to the first two points raised, finding competent and substantial evidence supporting the order as it relates to those two asserted errors. As to the fourth point, alleging error in awarding claimant costs, interest and attorney's fees, we note that the deputy retained jurisdiction only for that purpose, hence that portion of the order is not yet final and will not be considered by us in this appeal. See Mills Electrical Contractors v. Marthens, et al., 417 So.2d 700 (Fla. 1st DCA 1982).
The third point on appeal attacks the decretal portion of the order which directed the employer/carrier to "[p]ay to the claimant temporary total benefits from May 24, 1981 and continuing, at the rate of $217.75 per week." The appellee concedes that the form of the order does not comply with those opinions of this court requiring that an award of temporary total benefits shall continue until claimant reaches MMI or is able to return to work. See e.g., Willard Kaufman Co. v. Rawlings, 414 So.2d 641 (Fla. 1st DCA 1982); Lake Highland Nursing Home v. Everett, 397 So.2d 380 (Fla. 1st DCA 1981); Fowler Harvesting v. Thompson, 394 So.2d 1086 (Fla. 1st DCA 1981).
Accordingly, the decretal portion of the order awarding temporary total benefits is stricken and amended as follows: The employer/carrier shall pay to the claimant temporary total benefits until such time that claimant reaches MMI or is able to return to work, whichever first occurs.
The order is otherwise affirmed.
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Emro Marketing v. Schwier
...claimant reaches MMI [maximum medical improvement] or is able to return to work, whichever first occurs." Tavares Grove Care v. Simmons, 417 So.2d 1175, 1176 (Fla. 1st DCA 1982); accord Carnegie Gardens v. Mize, 538 So.2d 1313, 1314-16 (Fla. 1st DCA 1989) (TTD status ends when a claimant re......
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City of Miami v. Grenka, AK-369
...modified to award TTD until MMI or such time as the claimant is able to return to work, whichever comes first. Tavares Grove Care v. Simmons, 417 So.2d 1175 (Fla. 1st DCA 1982); Willard Kaufman Company v. Rawlings, 414 So.2d 641 (Fla. 1st DCA 1982). There is competent substantial evidence t......
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Carnegie Gardens v. Mize, 88-1034
...that TTD status ends when a claimant reaches maximum medical improvement (MMI) or is able to return to work. Tavares Grove Care v. Simmons, 417 So.2d 1175 (Fla. 1st DCA 1982). Were it not for the fact that we must reverse and remand on the remaining issue, we would correct the error in the ......