Matrix Employee Leasing, Inc. v. Hadley
2011 Fla. App. LEXIS 18955
| Fla. Dist. Ct. App. | 2011Background
- Claimant sustained a compensable left knee/leg injury on Jan 18, 2007 with multiple surgeries; treating physician states additional surgeries are needed and that Claimant is not yet at MMI.
- Temporary total disability benefits were paid for 104 weeks and then ceased by statute; impairment benefits began thereafter.
- Claimant sought permanent total disability (PTD) benefits from Jan 18, 2009, arguing ongoing total disability; Employer/Carrier denied arguing PTD is not ripe until MMI.
- JCC awarded PTD benefits based on present disability status, citing a supposed gap in benefits and treating disability as permanency.
- Carriers appeal, arguing PTD cannot be awarded before MMI and Claimant failed to prove disability will exist after MMI.
- Court en banc reverses, relying on Oswald and its progeny to hold no pre-MMI PTD award absent proof of continued disability after MMI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PTD can be awarded before reaching MMI. | Hadley seeks PTD despite not yet at MMI. | Oswald and statute preclude pre-MMI PTD absent post-MMI disability proof. | Pre-MMI PTD not ripe; PTD denied. |
| Whether Oswald governs gap-coverage for PTD eligibility. | Oswald should allow PTD to avoid a benefits gap. | Statutes require MMI-based determination; no gap to fix. | Oswald applies; PTD reversed. |
| Whether statutory scheme permits continuous disability benefits without MMI proof. | Legislature intended prompt benefits despite ongoing improvement. | Law creates gap; cannot award pre-MMI PTD. | Not permitted; no pre-MMI PTD based on current status. |
Key Cases Cited
- Oswald v. City of Pensacola Firefighters, 710 So.2d 95 (Fla. 1st DCA 1998) (establishes the pre-MMI PTD rule and the Oswald gap exception)
- Crum v. Richmond, 46 So.3d 633 (Fla. 1st DCA 2010) (PTD test pre-MMI: total disability at expiration of TTD and remains post-MMI)
- East v. CVS Pharmacy, Inc., 51 So.3d 516 (Fla. 1st DCA 2010) (reaffirms pre-MMI PTD criteria under Oswald line)
- Thompson v. Florida Industrial Comm'n, 224 So.2d 286 (Fla. 1969) (statutory limits for temporary benefits; legislative remedy needed for gaps)
- Quintana v. Fla. Transp. 1982, Inc., 1 So.3d 388 (Fla.1st DCA 2009) (context on temporary vs permanent impairment considerations)