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Peckham v. Speegle Construction, Inc.

Citations: 896 So. 2d 815; 2005 Fla. App. LEXIS 1655; 2005 WL 371746Docket: No. 1D03-4604

Court: District Court of Appeal of Florida; February 16, 2005; Florida; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by a claimant seeking temporary total disability (TTD) benefits denied by a judge of compensation claims (JCC). The claimant contended entitlement to TTD benefits from February 25, 2003, to September 16, 2003. The JCC's decision relied significantly on the evidence provided by a physician assistant, Mr. Steve Switzer, who had assessed the claimant as fit for light-duty work as of February 25, 2003. Although the claimant's physician, Dr. Robert Siegel, initially released the claimant to light duty and suggested it might not be unreasonable for the claimant to be off work, the JCC found that Switzer's direct examination was more compelling. The decision was affirmed, with the court agreeing that the medical records and Switzer's examination indicated the claimant was suitable for light duty. Consequently, TTD benefits were awarded only for the period from February 18, 2003, to February 25, 2003. The affirmation of the JCC's ruling highlights the court's deference to the assessment of those directly examining the claimant. Judge Ervin dissented, offering a written opinion against the majority's conclusion.

Legal Issues Addressed

Evidentiary Weight of Medical Testimony

Application: The JCC placed greater evidentiary weight on the contemporaneous medical assessment of a physician assistant over a retrospective opinion by a physician.

Reasoning: The JCC emphasized that the medical evidence, particularly Mr. Switzer's assessment, was more relevant than Dr. Siegel's retrospective opinion.

Judicial Affirmation of Administrative Decisions

Application: The court affirmed the JCC's decision to grant TTD benefits only from February 18, 2003, to February 25, 2003, based on the consistency of evidence presented.

Reasoning: The court upheld the JCC's order, granting TTD benefits only from February 18, 2003, to February 25, 2003, based on Dr. Siegel's earlier directive.

Temporary Total Disability Benefits

Application: The claimant's application for TTD benefits was denied for the period from February 25, 2003, to September 16, 2003, as the evidence supported the claimant's ability to perform light duty work.

Reasoning: The JCC found that the evidence did not support the claimant's position for TTD benefits during the disputed period.