Faife v. Luria
Faife v. Luria
Opinion of the Court
The claimant appeals a workers’ compensation order establishing that the employer/carrier “reasonably used” a February 1990 date of maximum medical improvement. We find that the evidence does not support this determination.
The claimant sustained industrial injuries when he fell to the floor from a ladder in 1988, hurting his back and neck. He also developed dental and psychiatric problems, and received treatment from various doctors. The employer/carrier paid temporary disability benefits, and eventually accepted the claimant as permanently totally disabled effective in February 1990.
The treating psychiatrist and osteopath both advised the employer/carrier in 1990 of their opinions that the claimant had attained maximum medical improvement as of April 5, 1989. While each of these doctors continued treatment after
The claimant also continued to receive dental care, but it was indicated that this had no significant impact on the ultimate disability. And the claimant’s chiropractor was not qualified to address the psychiatric problems. See Metropolitan Transit Authority v. Bradshaw, 478 So.2d 115 (Fla. 1st DCA 1985). The record contains no competent substantial evidence regarding any date of maximum medical improvement other than April 5, 1989.
The order appealed is reversed and the cause remanded.
Dissenting Opinion
dissenting.
I respectfully dissent. The judge rejected April 5, 1989, as the maximum medical improvement date because the treating psychiatrist and osteopath continued to provide remedial treatment after that date. I believe it was reasonable for the judge to find that the doctors’ actions in continuing to provide remedial treatment spoke louder than their words professing no reasonable expectation of improvement.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.