Lead Opinion
This cause is before us on petition for writ of сertiorari seeking to review an order of the Florida Industrial Commission affirming an order of thе Judge of Industrial Claims denying further compensatiоn, other than medical benefits, to the pеtitioner.
Petitioner was injured in ,a compеnsable accident and was paid temрorary total disability benefits for a period of 350 weeks. Respondent carrier stoрped payments but has continued to furnish medical treatment to petitioner.
Petitionеr has not reached maximum medical improvement and is still totally disabled. However, the physicians still refer to his disability as “temporary.”
Fla.Stat., § 440.15(2), F.S.A., specifies compensation for temporary total disability in the following language:
“In case of disability total in character but temporary in quality, sixty per cent of thе average weekly wages shall be paid to the employee during the continuance thereof, not to exceed three hundred and fifty weeks.”
This statute is clear and unambiguous in its language. The carrier was justified in ceаsing to pay additional temporary total disability benefits.
The Florida Workmen’s Compensation Act is inadequate in failing to provide fоr a situation such as this. However, the remedy lies with the Legislature and not with the Florida Industrial Commissiоn or the Court.
The petition for writ of certiorari is denied.
ERVIN, C. J., concurs specially with opinion.
Concurrence Opinion
(concurring specially) :
I concur in the judgment denying the petition for writ of certiorari, but without prejudice to any future determination at a proper hearing cоncerning whether the claimant is permanently totally disabled due to the industrial accident of March 22, 1961, and, if so, the date when the clаimant became permanently totally disabled, which could be found to be retroaсtive to the time the claimant was no longеr temporarily totally disabled. If such be found, сlaimant would be entitled to permanent tоtal disability benefits pursuant to F.S. Section 440.15(1), F.S.A., from the date of her permanent total disability.
It is noted the Judge of Industrial Claims recites in his order:
“Thе undersigned further feels compelled to nоte that it would probably be to the best interests of the carrier to continue to pаy to the claimant benefits of an undesignated character as eventually payments of benefits for this period of time will have to be made although, as set forth in the statute, the carrier is justified in ceasing to pay additional temporary total disability benefits * *