Cases

A finding that the claimant is at statutory maximum medical improvement (MMI) because of the fact that temporary benefits have been exhausted (i.e., 104 weeks of benefits had been paid)has no place in a determination as to whether the claimant is entitled to permanent total disability benefits.  The date of MMI is defined as "the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability."  See Section 440.02(1), Florida Statutes.  Case remanded to JCC for a determination as to whether the claimant had reached MMI.  If the claimant had not reached MMI as defined by statute and statutory MMI has been reached because of the fact that all temporary benefits have been paid, the JCC should determine whether the claimant would be permanently and totally disabled when she does reach MMI at some future date.  On the other hand, if MMI as above described has been reached, the JCC should then determine whether the claimant had established permanent total disability benefits based on the three alternative methods as set forth in Blake v. Merck & Company, 43 So. 3d 882(Fla. 1st DCA 2010).  Case remanded to JCC for a determination as to whether MMI had been reached or not.

The parties had stipulated that MMI had been reached.  The JCC is not bound by the parties' stipulation regarding MMI if it is not supported by the record.  It is the obligation of the JCC as the trier of fact to determine the correct date of MMI.

The JCC  found that no good faith work search had been performed thus precluding a PT finnding.  The court on appeal, however, ruled that a determination on the good faith work search was premature because no date for MMI had been ascertained.  It is the employee's permanent limitations and restrictions at the time of MMI is reached that is relevant in determining whether there was a good faith work search.