SOUTHERN CULVERT PIPE CO., APPELLANT,
v.
ROBERT D. OSWALT, APPELLEE
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Southern Culvert Pipe Co. appeals the deputy commissioner's award of workers' compensation benefits to Robert Oswalt for a heart attack suffered on the job. The court affirms, rejecting appellant's argument that the claimant failed to provide timely notice of injury, finding that constructive notice to the employer was sufficient and establishing that employers may not mislead injured employees regarding workers' compensation coverage.
Although the claimant did not comply with technical notice requirements, the employer was placed on constructive notice through its knowledge of the work-related injury and the claimant's subsequent inquiry about workers' compensation coverage, making the lack of formal notice excusable. Additionally, employers cannot mislead injured employees by providing false information regarding workers' compensation coverage in response to their inquiries.
[1] An employer has knowledge of an injury for workers' compensation purposes when the employer is aware of the facts surrounding the accident and the resulting injury, even…
[2] An employer's actual knowledge of the circumstances of an employee's injury and hospitalization can satisfy the notice requirement for workers' compensation, despite a la…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The claimant candidly admits that he did not give timely notice, but states that his failure to give notice was because he was unaware that his injury was compensable under the Workers' Compensation Law. I find that he did give notice as soon as he reasonably realized that the injury was compensable; further, there is no evidence that the employer was prejudiced in any way by the late notice.”
Establishes that the deputy commissioner found constructive notice through the claimant's inquiry and lack of employer prejudice, the core reasoning for excusing untimely notice.
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Join FLexlaw to unlock all legal intelligenceOn November 17, 1978, Oswalt experienced chest pain while manually moving 300-pound steel beams with a forklift at appellant's worksite—work heavier t…
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WENTWORTH, Judge.
The appellant urges several points on appeal including a contention that the deputy commissioner erred in excusing claimant’s untimely notice of injury. § 440.185, Florida Statutes (Supp.1978). Although we affirm all points raised, the notice issue requires discussion.
On November 17, 1978, Oswalt experienced sharp pains while manually moving a steel beam off a forklift at work. His supervisor had assigned him the job of welding a jib crane, which involved moving beams weighing approximately 300 pounds with the forklift. The record supports the order which states
that the work was heavier than was required by his usual duties; that he had not been furnished a helper; that he was working outside on an unusually hot day, although he ordinarily worked inside; and that he was under time pressure to complete the job that day. Under these circumstances, I find that the claimant’s myocardial infarction did result from an unusual strain and exertion not routine to the type of work he was accustomed to performing. See Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla.1962).
He had continuing pain, reported his symptoms, and his supervisor testified:
. he broke out in a sweat. So, I told Bob to go up in the plant and sit down and cool off a little bit . and I guess maybe thirty, forty-five minutes later I came back by and asked him if he was feeling any better and he said, “No.” So, I suggested that he call his wife and get transportation to go home
Mrs. Oswalt picked up her husband, went to the doctor’s office and then drove to the hospital where Oswalt’s heart attack was diagnosed and.treated. The next day she phoned the supervisor, advising him Oswalt had suffered a heart attack and was in the hospital. She also phoned a few days later to discuss insurance coverage but was told by one of the employer’s clerical staff, who was unaware of the foregoing events, that worker’s compensation coverage was unavailable because “it [the heart attack] didn’t happen on the job.”
After the Oswalts consulted an attorney, a formal claim for compensation was sent to appellant in late January 1979. In the order entered on the claim, the deputy found:
The claimant candidly admits that he did not give timely notice, but states that his failure to give notice was because he was unaware that his injury was compensable under the Workers’ Compensation Law. I find that he did give notice as soon as he reasonably realized that the injury was compensable; further, there is no evidence that the employer was prejudiced in any way by the late notice, (emphasis supplied)
The order would appear to be incorrect to the extent it finds lack of subjective realization of compensability to be an adequate excuse for noncompliance. 3 A, Larson. Workmen's Compensation Law, § 78.47 (1976). In the circumstances presented here, however, we find the employer had knowledge of all relevant facts affecting the basis for the claim job-related accident causing injury. The unrebutted facts show the employer knew that Oswalt became ill on the job while working on the jib crane; that he required hospitalization; and that a heart attack was diagnosed, all without significant delay. A short time later he inquired of the employer (through his wife) about worker’s compensation benefits for the heart attack. The inquiry in these circumstances was sufficient to put employer on notice of the injury when considered in conjunction with the other facts known to the employer. Cf. Tower King, Inc. v. Morris, IRC Order 2-3612 (Nov. 22, 1978). Further, as concluded by the deputy, there is no indication that the employer was prejudiced by the delayed formal notice. The employer was on notice of the injury and the ultimate conclusion on this issue was correct.
We note also that the self-executing nature of the worker’s compensation law imposes upon employers the obligation not to mislead an injured employee by information conveyed or omitted in response to his inquiry. See generally Baptist Village v. Newton, IRC Order 2-3551 (Oct. 2, 1978).
Affirmed.
LARRY G. SMITH and McCORD, JJ., concur.
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Foster Wheeler Energy Grp. v. Armand Fairhurst, 405 So. 2d 438 (Fla. 1st DCA 1981)…w of the self-executing nature of the worker’s compensation law, we conclude that the deputy commissioner’s refusal to apply the statute of limitations to bar the medical claim in this instance was justified. See Southern Culvert Pipe Co. v. Oswalt, 382 So. 2d 1365 (Fla. 1st DCA 1980). We also affirm the deputy commissioner’s finding that Dr. Rubin’s treatment of the claimant was of an emergency nature, rendering it impracticable for the claimant to seek prior authorization, and that the medical evidence was s…
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Orlando Precast Prods. v. Ciofalo, 501 So. 2d 1326 (Fla. 1st DCA 1986)…e hold that the deputy did [*1330] not err in concluding that these facts were sufficient to have put the employer on notice of the injury pursuant to the provisions of section 440.185(l)(a), Florida Statutes (1985). Southern Culvert Pipe v. Oswalt, 382 So. 2d 1365 (Fla. 1st DCA 1980). AFFIRMED. ZEHMER and WIGGINTON, JJ., concur.…
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City OF Tampa v. Tingler, 397 So. 2d 315 (Fla. 1st DCA 1981)…tions, he realized it within a few months after the employment incident. The lack of subjective realization as to compensability of an injury is not an adequate excuse for failure to give timely notice of injury. Southern Culvert Pipe Co. v. Oswalt, 382 So. 2d 1365 (Fla. 1st DCA 1980). The deputy erred in not finding that claimant’s notice of injury was untimely and unexcused. The City’s “complete knowledge of the accident” did not include knowledge that Tingler sustained an injury. While the claim for benefi…
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- Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)