10-3697 MIRALDA MORRISON, v. STATE OF FLORIDA DEPARTMENT OF VETERAN'S AFFAIRS and DIVISION OF RISK MANAGEMENT

State: Florida

Court: Florida First District Court

Docket No: 10-3697

Case Date: 06/08/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MIRALDA MORRISON, Appellant, v. STATE OF FLORIDA DEPARTMENT OF VETERAN'S AFFAIRS and DIVISION OF RISK MANAGEMENT, Appellees. _____________________________/ Opinion filed June 8, 2011. An appeal from an order of the Judge of Compensation Claims. Ellen H. Lorenzen, Judge. Date of Accident: November 12, 2007. Katherine Stone Agliano of Barbas, Nunez, Sanders, Butler & Hovsepian, Tampa, for Appellant. Jeffrey J. Kerley and Nicolette E. Tsambis of Rissman, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-3697

PER CURIAM. In this workers' compensation appeal, the claimant asks this Court to reverse a final order denying temporary partial disability ("TPD") benefits. She argues the denial is not based on competent, substantial evidence. Although the claimant

was under intermittent work restrictions from December 2008 to March 2009, neither of her treating physicians opined that the workplace injury led to the need for restrictions. The claimant's first doctor testified unequivocally that the work restriction he imposed did not result from the compensable injury. And the judge of compensation claims ("JCC") discounted the testimony of the claimant's second doctor who equivocated as to the need for restrictions and who considered it reasonable to "backdate" the work restrictions to the date of injury. See City of West Palm Beach Fire Dep't v. Norman, 711 So. 2d 628, 629 (Fla. 1st DCA 1998) (JCC can accept testimony of one physician over another). We therefore affirm the denial of TPD benefits because the claimant did not carry her burden to prove her compensable workplace injury required work restrictions from the date of accident to the date of maximum medical improvement. See

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