Cases

The employer/carrier voluntarily paid permanent total disability benefits and there was no adjudication of the claimant’s entitlement to such benefits. The employer/carrier was entitled to unilaterally suspend permanent total disability benefits because of claimant’s failure to attend an FCE or for any other reason. Had there been an adjudication of permanent total entitlement or permanent total supplemental benefits, there could not be a unilateral discontinuance of permanent total benefits.

 

It was stipulated between the parties that the claimant’s entitlement to permanent total disability benefits was ripe for adjudication at the time of the final hearing. Court determined that JCC made no findings of ultimate material fact upon which there was sufficient justification to award permanent total benefits in the decretal portion of the order. Case remanded to JCC to make the findings regarding claimant’s entitlement to permanent total disability benefits from the date that such benefits were terminated by the employer/carrier.

 

The 2003 version of Section 440.13(5)(e), Florida Statutes, provides that only an authorized treating physician, an independent medical examiner, or an expert medical advisor can testify in workers’ compensation proceedings. The date of accident in this case was prior to 2003. Court determined that the 2003 changes in the law were not procedural and accordingly, it was error to preclude the testimony of a physician that did not fall within those categories of physicians allowed to testify according to the 2003 law changes.