Legal Opinion

Kneer v. Lincare and Travelers Insurance

District Court of Appeal of Florida

Decided April 3, 2019No. 1D18-1988Published

1Opinion of the CourtOsterhaus, J.

In this workers' compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and that the finding that he had no psychiatric work restrictions is unsupported by competent substantial evidence. We affirm.

I

The facts are not in dispute. Claimant suffered an accident and back injury arising out of work performed in the course and scope of his employment in 2014. After the injury, Claimant underwent extensive back surgery. Claimant reached maximum medical improvement (MMI) for his back injury in January 2016, with a 10% permanent impairment. He was assigned…

2Cases cited17 opinions

  1. Kluger v. WhiteSupreme Court of Florida · 1973
  2. Martinez v. ScanlanSupreme Court of Florida · 1991
  3. Gilliam v. StewartSupreme Court of Florida · 1974
  4. Ullman v. City of Tampa Parks Dept.District Court of Appeal of Florida · 1993
  5. Superior Mill Work v. GabelSupreme Court of Florida · 1956

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