Stuck v. Richard's Cable TV

SHIVERS, Chief Judge.

The claimant in this workers’ compensation case appeals an order entered by the judge of compensation claims (JCC) finding the employer/carrier to have properly accepted the claimant as permanently totally disabled (PTD) on November 29, 1988. We agree with the claimant that the evidence fails to support this finding, and reverse.

The claimant filed a claim in May 1988 “requesting that he be declared PTD on or before 5/12/86, but not later than 12/31/86.... ” At the hearing, claimant’s treating orthopedist, Dr. Jones, testified that claimant had reached maximum medical…