Summary
denying a disabled worker disability benefits after the expiration of the 104–week period because she failed to prove that she would still be totally disabled at the time she reached maximum medical improvement
Summary of this case from Westphal v. City of St. PetersburgOpinion
Case No. 1D99-3799.
Opinion filed September 15, 2000.
An appeal from an order of the Judge of Compensation Claims. Richard S. Thompson, Judge.
Philip R. Augustine and Sean McBride of Langston, Hess, Bolton, Znosko Helm, P.A., Maitland, for Appellants.
Nora Leto of Kaylor Kaylor, P.A., Winter Haven, for Appellee.
In this workers' compensation case, the employer and carrier argue that the judge of compensation claims erroneously determined that the claimant was entitled to permanent total disability benefits because the claimant failed to prove that she would remain permanently and totally disabled after she reached maximum medical improvement. We agree and, accordingly, reverse.
Nobody testified either that the claimant had reached maximum medical (psychiatric) improvement, or that she would remain permanently and totally disabled when she did reach maximum medical improvement. Accordingly, this case is controlled by City of Pensacola Firefighters v. Oswald, 710 So.2d 95 (Fla. 1st DCA 1998), and Chan's Surfside Saloon/Cox Ventures v. Zenith Insurance Co., 25 Fla. L. Weekly D1448 (Fla. 1st DCA June 12, 2000). Because the claimant failed to carry her burden of proof, the award of permanent total disability benefits was error.
REVERSED.
BARFIELD, C.J., WEBSTER and BENTON, JJ., CONCUR.