MUNROE MEMORIAL HOSPITAL AND ALL RISK CORP. OF FLORIDA, APPELLANTS,
v.
ELLA MAE THOMPSON, APPELLEE
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The Florida First District Court of Appeal reversed a workers' compensation order awarding benefits to an employee who claimed injury from a workplace accident, finding that the employer lacked adequate notice of the specific nature of the injury claim and that there was insufficient evidence of causation between the accident and the claimant's disabilities.
The court reversed the compensation order, finding that the employer was denied due process through inadequate notice—the claim stated "hurt low back" but the award was based on a knee injury not framed in the pleadings. Additionally, there was no competent substantial evidence establishing causation between the workplace accident and the claimant's physical disabilities, and evidence showed the claimant was not actually disabled and continued working after the accident.
[1] A judge of industrial claims may not rule on issues not framed by the parties, as doing so violates due process.
[2] A hearing and resulting order are a denial of due process when they are not in accord with the understanding upon which the hearing was undertaken and participated in.
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Join FLexlaw to unlock all legal intelligence“due process problems arise when the [JIC] undertakes to rule on issues not framed by the parties.”
Establishes the legal standard that the court applied regarding notice and due process in workers' compensation proceedings.
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Join FLexlaw to unlock all legal intelligenceOn November 9, 1977, the claimant slipped and fell at work. She initially filed a claim on May 22, 1978, stating the injury was a "popped right knee c…
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THOMPSON, Judge.
The appellants challenge a compensation order, contending that they did not receive adequate notice of the nature of the employee’s claim for compensation, and that there was a lack of competent substantial evidence to support the judge’s findings.
We agree and reverse. On November 9, 1977, the claimant slipped and fell in a work-related accident. A claim was filed on May 22, 1978, stating that the injury was a “popped right knee cap.” This claim was dismissed without prejudice on December 21, 1978. A new claim was filed on December 22, 1978, stating that the injury was a “hurt low back.” On March 1, 1979, a Notice of Hearing was sent to the parties, stating that the subject of the hearing would be a “determination of claimant’s benefits.” On June 6, 1979, the hearing was held, and on July 31, 1979, the Judge of Industrial Claims (“JIC”) entered his Order, finding inter alia that the claimant sustained a 5% permanent partial disability to the lower right extremity. The appellants were ordered to pay to the claimant temporary total disability and permanent partial disability compensation.
This court has recognized that “due process problems arise when the [JIC] undertakes to rule on issues not framed by the parties.” Farm Stores v. Dyrda, 384 So. 2d 269 (Fla. 1st DCA 1980). Here, the claim stated that the injury was a “hurt low back.” Although the Notice of Hearing stated that the subject thereof would be a “determination of claimant’s benefits,” it is clear that this “determination” refers to the effect of the alleged back injury.
However, the JIC’s Order is patently based on evidence relating to a knee injury, and in fact, the JIC awarded compensation for a knee injury. The appellants properly complain of a lack of adequate notice regarding a claim based on such an injury, see Fla.Stat. § 440.19(l)(c) (1977), thereby resulting in a denial of appellants’ rights to due process.
Additionally, an Order that is not in accord with the understanding with which the hearing was undertaken and participated in is a denial of due process and must be reversed. La Mer Coffee Shop v. Taylor, IRC Order 2-3531 (Sept. 11, 1978).
Even assuming that the hearing and the JIC’s Order were preceded by adequate notice, reversal would still be required because there is no competent substantial evidence showing a causal connection between the claimant’s work-related accident and her later physical disabilities. See City of Jacksonville Police Dept. v. Hobbs, 246 So. 2d 561-62 (Fla.1971). One doctor could not state the cause of the claimant’s knee condition, while the testimony of another doctor in this respect has no probative value because it was not based on facts supported by the evidence. See Geiger Distributors Inc. v. Snow, 186 So. 2d 507, 509 (Fla.1966).
The only probative evidence relating to the cause of the claimant’s knee and back problems came from the claimant herself. A careful review of the record reveals that her testimony failed to establish a causal connection between her accident and her later physical disabilities.
Therefore, there was no basis for an award of permanent partial disability based on the claimant’s accident. As to the award of temporary total disability, the evidence clearly shows that the claimant was not disabled; that she continued to work after her accident; that she was fully capable of working after her employment was terminated by the hospital; and that her subsequent unemployment was the result of her own volition.
Thus, the JIC erred in ordering the payment of temporary total disability compensation. See Hollywood, Inc. v. Brust, 9 FCR 367, 368 (1976).
Our reversal of the JIC’s Order also results in the reversal of the JIC’s award of attorney’s fees for the claimant’s counsel. Finally, we note that the claimant has requested an award of attorney’s fees for representation on this appeal. In view of the disposition of this appeal, the request must be denied. But even if this appeal had resulted in a favorable ruling for the claimant, the request for attorney’s fees would still be denied because that request was presented in the claimant’s brief, rather than by filing a separate motion. See Florida Dept. of Commerce, Div. of Risk Management v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980); Wallace v. Walton Context Building, 383 So. 2d 729 (Fla. 1st DCA 1980).
MILLS, C. J., and McCORD, J., concur.
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Fran McCREARY and Cain McCreary v. Fla. Residential Prop. & Cas. Joint Underwriting Ass'n, 758 So. 2d 692 (Fla. 4th DCA 1998)…le sentence within appellants’ initial brief. However, attorney’s fees must be requested by filing a separate motion. See Fla. R.App. P. 9.400(b); Melweb Signs, Inc. v. Wright, 394 So. 2d 475, 477 (Fla. 1st DCA 1981); Munroe Mem’l Hosp. v. Thompson, 388 So. 2d 1338, 1339 (Fla. 1st DCA 1980). Furthermore, “the failure to file a motion for attorney’s fees in accordance with Florida Rule of Appellate Procedure 9.400(b) is a proper basis for the denial of attorney’s fees on appeal.” Salley v. City of St. Petersbur…
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Se. Recycling & Argonaut Ins. Co. v. Cottongim, 639 So. 2d 155 (Fla. 1st DCA 1994)…33, 334 (Fla. 1st DCA 1993). An order that is not in accord with the understanding with which the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. Munroe Memorial Hospital v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980). A JCC should not award benefits which are beyond the scope of the hearing. Kaplan Industries, Inc. v. Rowlett, 565 So. 2d 404 (Fla. 1st DCA 1990). While it is true that a matter may be placed at issue by the presentation of evid…
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Commercial Carrier Corp. & Comcar Indus., Inc. v. LaPOINTE, 723 So. 2d 912 (Fla. 1st DCA 1999)…d 1188 (Fla. 1st DCA 1998). An order that is not in accord with the understanding with which the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. Munroe Memorial Hospital v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980). A JCC should not award benefits which are beyond the scope of the hearing. Kaplan Industries, Inc. v. Rowlett, 665 So. 2d 404 (Fla. 1st DCA 1990). Southeast Recycling v. Cottongim, 639 So. 2d 155, 157 (Fla. 1st DCA 1994). “Due…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Farm Stores & Emp'rs Ins. of Wausau v. Dyrda, 384 So. 2d 269 (Fla. 1st DCA 1980)
- Geiger Distribs., Inc. v. John Snow & the Fla. Indus. Comm'n, 186 So. 2d 507 (Fla. 1966)
- Fla. Dep't of Commerce v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980)
- William v. Gruman, 379 So. 2d 1313 (Fla. 2d DCA 1980)
- Wallace v. Walton Context Bldg. & United States Fid. & Guar. Co., 383 So. 2d 729 (Fla. 1st DCA 1980)
- City OF Jacksonville Police Dep't & Cont'l Nat'l Am. Grp. v. Hobbs, 246 So. 2d 561 (Fla. 1971)