Broward Cty. BD, Cty Commrs v. Damore

3 Citing cases

  1. Orange County School Bd. v. Melman

    721 So. 2d 1183 (Fla. Dist. Ct. App. 1998)   Cited 4 times
    Stating claimant's palliative treatment did not constitute recuperation

    The general rule is that a claimant may receive permanent, but not temporary, total disability benefits after reaching maximum medical improvement. See Corral v. McCrory Corp., 228 So.2d 900, 903 (Fla. 1969); Coca-Cola Bottling Co. v. Tunson, 534 So.2d 910, 911 (Fla. 1st DCA 1988); Department of Offender Rehabilitation v. Godwin, 394 So.2d 1091, 1092 (Fla. 1st DCA 1981); Broward County Bd. of County Comm'rs v. Damore, 391 So.2d 286, 286 (Fla. 1st DCA 1980). "The date of maximum medical improvement marks the end of temporary disability and the beginning of permanent disability." Corral, 228 So.2d at 903.

  2. Sunland Training Center v. Woods

    413 So. 2d 161 (Fla. Dist. Ct. App. 1982)   Cited 3 times

    Weighing the evidence is the prerogative of the trier of fact and not appellate courts, so we remand for the deputy to select a date of MMI based on the record. The award of TTD after the date of MMI was error, Corral v. McCrory Corp., 228 So.2d 900 (Fla. 1969); Broward County v. Damore, 391 So.2d 286 (Fla. 1st DCA 1980). After finding the date of MMI, the deputy commissioner shall award temporary disability benefits till the date of MMI and permanent benefits thereafter.

  3. Dan's Plumbing v. Smith

    410 So. 2d 941 (Fla. Dist. Ct. App. 1982)   Cited 7 times

    It is axiomatic under workers' compensation law that except under unusual circumstances not present here, the date of MMI marks the end of temporary disability benefits and the beginning of other disability benefits that may be due under the statute. Broward County Board of County Commissioners v. Damore, 391 So.2d 286 (Fla. 1st DCA 1981); Department of Offender Rehabilitation v. Godwin, 394 So.2d 1091 (Fla. 1st DCA 1981). Accordingly, the deputy commissioner erred in awarding TTD benefits beyond October 9, 1980, the date that Dr. Angelides determined claimant had reached MMI.