Department of Transportation v. Ferrell
Department of Transportation v. Ferrell
Opinion of the Court
Appellants, employer/carrier, appeal from a deputy commissioner’s order finding that appellee/claimant remains temporarily totally disabled and continues to be entitled to temporary total disability benefits. We reverse.
Appellee strained his back in a work-related accident on February 21, 1978. His
After the hearing, appellee deposed Dr. Freed again on February 26, 1980. In that deposition, Dr. Freed stated that he was concerned about appellee being in a depressed state. He stated that if appellee continued to show signs of depression, psychiatric advice might be of value. Dr. Freed did not testify that the possible psychiatric condition was disabling nor did he state that he had receded from his prior opinion as to the maximum medical improvement date. On the basis of Dr. Freed’s second deposition, the deputy commissioner concluded that appellee remains temporarily totally disabled and ordered benefits accordingly.
The evidence in the record does not support the deputy commissioner’s finding. According to all of the medical testimony, appellee had reached maximum medical improvement from his injury. No doctor testified that the possible psychiatric condition was disabling or resulted from the accident. Therefore, the award of temporary total disability benefits is reversed. Because of the conflict in the doctors’ testimony as to the actual maximum medical improvement date, the case is remanded to the deputy commissioner for a determination of that date and for further proceedings, if necessary, to fully dispose of appellee’s claim.
Reversed and remanded for entry of a new order consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.