Cast Crete Corp. v. Burney

I concur in the majority’s affirmance of Cast Crete’s responsibility for any benefits due the claimant, and in the reversal of the attorney’s fee award, as the transcript of the hearing indicates an intention to address that issue in a separate proceeding.

However, I would reverse the award of temporary total disability benefits as unsupported by competent substantial medical evidence of inability to work. In order to be entitled to TTD benefits, the burden is on the claimant to show lack of capacity to work. A claimant who fails to produce medical evidence that he was unable to work and who…