From Casetext: Smarter Legal Research

Huntley Jiffy Stores v. Allen

District Court of Appeal of Florida, First District
Mar 15, 1984
445 So. 2d 630 (Fla. Dist. Ct. App. 1984)

Opinion

No. AS-266.

February 8, 1984. Rehearing Denied March 15, 1984.

Appeal from the Deputy Commissioner.

Jack A. Langdon, of Jones Langdon, P.A., Gainesville, for appellants/cross appellees.

Luke G. Galant, of Dawson, Galant, Sulik, Ellis Wiesenfeld, Jacksonville, for appellee/cross appellant.


In this workers' compensation case, the deputy commissioner found that claimant's psychiatric condition was the result of her industrial accident and awarded temporary total disability benefits from May 30, 1982, to October 28, 1982, and continuing. The deputy commissioner also found that claimant's hospitalization from June 23, 1982, to July 2, 1982, and the care of Dr. Kuwik prior to October 28, 1982, were unauthorized and that the employer/carrier is not responsible for the resulting bills.

The record contains no competent substantial evidence to support an award of temporary total disability benefits subsequent to August 15, 1982. There is no medical evidence showing that claimant was temporarily and totally disabled subsequent to that date, and there is no evidence of a good faith work search on the part of the claimant. See Fair-Way Restaurant v. Fair, 425 So.2d 115 (Fla. 1st DCA 1982); Tallahassee Coca Cola Bottling Co. v. Parramore, 395 So.2d 275 (Fla. 1st DCA 1981); Walter Glades Condominium v. Morris, 393 So.2d 664 (Fla. 1st DCA 1981). That portion of the order sub judice awarding temporary total disability benefits subsequent to August 15, 1982, is, therefore, reversed. In all other respects, the order is supported by competent substantial evidence and is affirmed.

JOANOS and THOMPSON, JJ., concur.


Summaries of

Huntley Jiffy Stores v. Allen

District Court of Appeal of Florida, First District
Mar 15, 1984
445 So. 2d 630 (Fla. Dist. Ct. App. 1984)
Case details for

Huntley Jiffy Stores v. Allen

Case Details

Full title:HUNTLEY JIFFY STORES AND R.G.A.F. UNDERWRITERS, APPELLANTS/CROSS…

Court:District Court of Appeal of Florida, First District

Date published: Mar 15, 1984

Citations

445 So. 2d 630 (Fla. Dist. Ct. App. 1984)

Citing Cases

Utley-James, Inc. v. Lady

Evidence of medical incapacity causing total economic disability, or evidence of a good faith work search, is…

Davis v. Phillips Jordan

She considered claimant's assertion that he was told not to return to work by his doctor, but refused to…