Legal Opinion

East v. CVS Pharmacy, Inc.

District Court of Appeal of Florida

Decided December 14, 2010No. 1D10-0398PublishedCited by 5 opinions

1Opinion of the CourtMarstiller, J.

The claimant in this workers’ compensation case appeals an order denying her petition for permanent total disability (“PTD”) benefits. We affirm the order because the claimant failed to prove she would be permanently disabled after reaching overall maximum medical improvement (“MMI”).

The claim for PTD benefits arose from compensable injuries (fractured right kneecap and left elbow, and injured low back) the claimant sustained when she fell from a ladder while at work. She had received temporary partial disability (“TPD”) benefits for the full 104-week period allowed under section 440.15(4),…

2Cases cited2 opinions

  1. City of Pensacola Firefighters v. OswaldDistrict Court of Appeal of Florida · 1998
  2. Crum v. RichmondDistrict Court of Appeal of Florida · 2010

3Cited by5 opinions

  1. Matrix Employee Leasing, Inc. v. HadleyDistrict Court of Appeal of Florida · 2011
  2. Benniefield v. City of LakelandDistrict Court of Appeal of Florida · 2013
  3. Matrix Employee Leasing, Inc. v. HadleyDistrict Court of Appeal of Florida · 2011
  4. Westphal v. City of St. Petersburg/City of St. Petersburg Risk ManagementDistrict Court of Appeal of Florida · 2013
  5. Westphal v. City of St. Petersburg/City of St. Petersburg Risk ManagementDistrict Court of Appeal of Florida · 2013

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