DEBRA BUTTRICK, v. BY THE SEA RESORTS and CLAIMS CENTER ***OPINION CORRECTED 04-13-2012***

 Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DEBRA BUTTRICK, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-4916 BY THE SEA RESORTS and CLAIMS CENTER, Appellees. CORRECTED PAGES: pg 1 CORRECTION IS UNDERLINED IN RED MAILED: April 13, 2012 BY: NKN _____________________________/ Opinion filed April 12, 2012. An appeal from an order of the Judge of Compensation Claims. Laura Roesch, Judge. Date of Accident: October 12, 2007. Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant. Kimberly J. Fernandes of Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo & Dunbrack, P.A., Tallahassee, for Appellees. PER CURIAM. In this workers compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) erred in denying her claim for permanent total disability (PTD) benefits and the associated penalties, interest, costs, and attorney s fees. Because the JCC failed to make a finding as to whether Claimant achieved maximum medical improvement (MMI), meaningful appellate review is impossible. See Univ. of Miami v. West, 8 So. 3d 1193. 1193-94 (Fla. 1st DCA 2009) (holding JCC must make sufficient findings of ultimate facts to permit appellate review ). Accordingly, we reverse and remand this matter to the JCC to clarify Claimant s MMI status. Should the JCC find Claimant to be at MMI, she is directed to this Court s recent opinion addressing the proof necessary to establish a connection between a claimant s physical limitations and the inability to locate employment after a lengthy job search. See Martinez v. Lake Park Auto Brokers, 60 So. 3d 533, 534 (Fla. 1st DCA 2011) ( This court has never required direct proof of such a connection [between physical limitations and an unsuccessful job search]; rather this is a finding that may be inferred from a claimant s inability to find employment after an exhaustive job search. . . . The job search must, however, be conducted in good faith, and JCCs retain discretion to find a job search inadequate. (citation omitted)). REVERSED and REMANDED for proceedings consistent with this opinion. BENTON, C.J., WOLF, and VAN NORTWICK, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.