Commercial Carrier Corp. v. Zellers
Commercial Carrier Corp. v. Zellers
Opinion of the Court
The self-insured employer appeals, and claimant cross appeals, a workers’ compensation order by which claimant was awarded rehabilitation and wage-loss benefits with deemed earnings. Wage-loss benefits were denied during a two month period when claimant was suffering from an exacerbation of a preexisting disease. We find that the record provides adequate support for the benefits which were awarded, and for the determination below that neither the preexisting disease nor the exacerbation thereof was shown to be a compen-sable consequence of the industrial injury. But we also find that the claim for wage-loss benefits should not have been denied, due to the absence of a work search, during the two months when claimant was suffering from the exacerbation of the preexisting disease. And because the challenged order is somewhat confusing and inconsistent, it is necessary for us to remand for further clarification.
Even though the exacerbation of claimant’s preexisting disease may have been independently disabling during the two months for which the claim was denied, this does not necessarily preclude an award of wage-loss benefits. See Curtis v. Bordo Citrus Products, 566 So.2d 328 (Fla. 1st DCA 1990); Spaulding v. Albertson’s, 543 So.2d 858 (Fla. 1st DCA 1989); Koulias v. Tarpon Marine Ways, 538 So.2d 130 (Fla. 1st DCA 1989). As indicated in these cases, such circumstances present an evi-dentiary question as to whether claimant’s compensable injury contributed to his disability, apart from any separate effect of the noncompensable condition. See also, Parish v. Baptist Hosp., 512 So.2d 1031 (Fla. 1st DCA 1987); Central Concrete
There were conflicting medical opinions as to claimant’s attainment of maximum medical improvement, and as to the extent or existence of any permanent impairment. The resolution of these conflicts is within the ambit of the fact-finding authority of the judge below. See e.g., Crowell v. Messana Contractors, 180 So.2d 329 (Fla. 1965); Kemp v. Miami Quality Concrete Co., Inc., 410 So.2d 199 (Fla. 1st DCA 1982). This determination is largely a matter of discretion which ordinarily will not be disturbed on appeal if there is substantial medical evidence to support the challenged ruling. See Griffith v. McDonalds, 526 So.2d 1032 (Fla. 1st DCA 1988). The judge was thus entitled to accept Dr. Pfaff’s opinion as to the date of claimant’s maximum medical improvement. And there is sufficient evidence to establish that claimant’s injury produced a permanent impairment, as required for wage-loss benefits under section 440.15(3)(b)l, Florida Statutes. Although the appealed order makes no express finding in this regard, it does state that “[a]ll the treating physicians find lifting limitations and restrictions.” But it also acknowledges that Dr. Pfaff opined that claimant had reached maximum medical improvement with “no permanent partial impairment.” The order then recites the judge’s acceptance of Dr. Pfaff’s testimony, and the “great weight” given to his opinion over the other medical testimony. While this recitation may have been intended to apply only to Dr. Pfaff’s opinion as to maximum medical improvement, such a restrictive interpretation is not entirely consistent with the unqualified language used in the order. It is essential that a workers’ compensation order contain such findings of ultimate material fact as will demonstrate the basis of the award. See Carson v. Gaineswood Condominiums, 532 So.2d 28 (Fla. 1st DCA 1988); see also, Perez v. Tropicana Products, Inc., 496 So.2d 967 (Fla. 1st DCA 1986). We would be engaging in undue speculation to find that the order in the present case meets this standard, and we therefore conclude that it is appropriate to reverse the order and remand for clarification as to this matter.
The appealed order is reversed as indicated herein, and the cause is remanded.
070rehearing
ON MOTION FOR REHEARING
On consideration of appellant’s motion for rehearing, and appellee’s response thereto, we hereby note that our April 8, 1991, opinion in this case was intended to and did reverse the appealed order as to the award of wage-loss and rehabilitation benefits, insofar as such benefits are dependent on the existence of a permanent impairment. While we found sufficient record evidence of such impairment, there was also other evidence and the appealed order is not entirely clear as to the necessary ultimate finding in this regard. The cause has therefore been remanded for further findings or clarification as to this mat
Motion for rehearing is denied.
NIMMONS and BARFIELD, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.