GREAT DANE TRAILERS AND JONES, HILL & MERCER, APPELLANTS,
v.
LANGENE FLIS, APPELLEE
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A workers' compensation case where an employee injured his back in an industrial accident and subsequently suffered a heart attack. The court held that the heart attack was a compensable injury causally related to the back injury, and that the carrier's denial of compensability for the heart attack entitled the claimant to recover attorney's fees under Florida statute.
The court held that the heart attack was a compensable injury causally related to the back injury because it was a direct and natural result of the disabling back pain and anxiety. The court further held that the carrier incurred an attorney's fee obligation by unsuccessfully denying compensability for the heart injury, because section 440.34(3)(c) requires fee awards when a carrier denies that an injury occurred for which compensation benefits are payable and the claimant prevails, without limiting this to only the initial accident event.
[1] A subsequent injury is compensable if it is a direct and natural result of a prior compensable injury, even if the subsequent injury is not the result of unusual strain o…
[2] An employer or carrier that denies the compensability of an injury for which compensation benefits are payable is liable for claimant's attorney's fees if the claimant pr…
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Join FLexlaw to unlock all legal intelligence“the heart attack is causally related to the back injury, and is therefore compensable”
The deputy's finding that established the heart attack as a compensable injury based on medical evidence of causation
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Join FLexlaw to unlock all legal intelligenceIn October 1980, a 62-year-old employee injured his back while operating a forklift at work. The employer and carrier accepted the back injury as comp…
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ROBERT P. SMITH, Jr., Judge.
In October 1980, while lifting the heavy fork of his employer’s forklift in the course of his employment, this claimant, then aged 62, injured his back. The employer and carrier recognized that claimant’s back injury arose out of and in the course of his employment, § 440.09(1), Fla. Stat. (1980 Supp.), and began paying bene fits appropriate for that injury and claimant’s resulting disability. Several months later, while still to some extent disabled from his back injury, claimant sustained a myocardial infarction or heart attack. He claimed and the carrier denied that this was an additional injury caused by claimant’s industrial accident, and the deputy after hearing found that claimant’s heart attack “was a direct and natural result of the Claimant’s prior compensable low back injury, and therefore, the heart attack is causally related to the back injury, and is therefore compensable.” That finding is based on substantial competent evidence, including medical opinion, that claimant’s heart attack was brought on in part by “disabling” and “unbearable” back and leg pain, unremitting and unresponsive to medication, and concomitant anxiety. Claimant’s heart injury having thus been causally connected to his identifiable accident in October 1980, there is no requirement that the heart injury also be shown to have resulted from a strain or exertion unusual to the duties of claimant’s employment. Popiel v. Broward County School Board, 432 So. 2d 1374 (Fla. 1st DCA 1983).
The more significant issue before us is that of the carrier’s liability for attorneys’ fees payable to claimant’s counsel, as awarded by the deputy. Section 440.-34(3)(c) provides: “In a proceeding where a carrier or employer denies that an injury occurred for which compensation benefits are payable, and the claimant prevails on the issue of compensability,” the claimant “shall be entitled to recover a reasonable attorney’s fee from a carrier or employer
The employer and carrier indisputably denied that claimant’s heart injury was one “for which compensation benefits are payable,” § 440.34(3)(c). The question, therefore, is whether the employer and carrier are excused from paying an attorney’s fee because they recognized that claimant sustained some compensable injury in the industrial accident of October 1980, and did pay benefits appropriate to claimant’s back injury before the associated heart injury occurred. We hold that the employer and carrier, unsuccessfully denying compensability for the heart attack, have indeed “de-nie[d] that an injury,” this injury, “occurred for which compensation benefits are payable,” and that an attorney’s fee was properly awarded.
Dolphin Tire Company v. Ellison, 402 So. 2d 36 (Fla. 1st DCA 1981), awarded a fee when the carrier accepted as compensable a certain injury to claimant’s body but unsuccessfully denied that the injury was of the catastrophic sort for which special benefits are payable, § 440.15(2)(b). That decision might arguably be confined by analysis giving importance to the legislature’s special classification of catastrophic injuries and enhanced benefits for such injuries. We decline to read Dolphin so narrowly; when Dolphin held in effect that an attorney’s fee award is not prevented by the carrier’s recognition of a compensable injury-producing event, such as the forklift episode in this case, the court held that the carrier incurs a fee obligation by unsuccessfully denying the compensability of any bodily injury, such as this heart injury, which is found on substantial competent evidence to be compensable under chapter 440.
Our decision rests both upon the language of section 440.34(3)(c) and upon its evident purpose.
The words of the statute impose an attorney’s fee obligation on the carrier if it “denies that an injury occurred for which compensation benefits are payable, and the claimant prevails on the issue of compensability.” Nothing in this language compels a construction that would limit the term “injury” to the accident-event itself, or to the discrete bodily part that was immediately and obviously “injured.” The statute does not limit fee awards to “a proceeding where a carrier or employer denies that [any] injury occurred for which compensation benefits are payable .... ” Nor can we discern any justification for construing section 440.-34(3)(c) as though it were cast so narrowly. See Dolphin, 402 So. 2d at 37:
[W]e note that the Workers’ Compensation Act (Chapter 440, Florida Statutes) is remedial legislation and is intended to be liberally construed in such a manner as to effectuate the purpose for which it was enacted. Gillespie v. Anderson, 123 So. 2d 458 (Fla.1960); Great American Indemnity Co. v. Williams, 85 So. 2d 619 (Fla.1956). The general tenor of the Act is that the employee shall receive the benefits to which he is entitled with reasonable promptness, consistent with the employer’s right to make a reasonable investigation. Thompson v. W.T. Edwards Tuberculosis Hospital, 164 So. 2d 13 (Fla.1964) .... Additionally, contrary to the usual construction given to statutory provisions changing the common law, statutory provisions concerning attorney’s fees in workers’ compensation proceedings have received liberal construction. City of Miami Beach v. Schiffman, 144 So. 2d 799 (Fla.1962).
Dolphin’s references to the purposes of chapter 440, and to interpretations appropriate to those purposes, serve as well in this case. Though revisions to chapter 440 by the 1979 Legislature are said to have been intended to deter attorney involvement on the part of the claimants, that deterrence is to be accomplished by enhancing the self-executing character of the Act, placing the initiative with the employer and carrier, and so dispensing with the need for claimants’ attorneys in the scheme for securing just compensation to injured workers. Obviously, demonstrating the compensability of his heart injury was far beyond the competence of this injured worker, and the employer and carrier were content enough to deny it categorically. But the deputy and we have rejected the categorical denial and have found that in claimant’s heart attack “an injury occurred for which compensation benefits are payable.” Since we may be sure that the fact of compensability would never have been demonstrated without the intervention of an attorney in claimant’s behalf, the purpose of securing claimant deserved benefits under chapter 440 compels our choice of the more liberal, rather than the more restrictive, interpretation of section 440.34(3)(c).
There is no other error in the deputy’s order. AFFIRMED.
SHIVERS and NIMMONS, JJ., concur.
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Singletary v. Mangham Constr. Co., Inc., 471 So. 2d 635 (Fla. 1st DCA 1985)…on-compensable accident occurring subsequent to the accident in this case.” Therefore, claimant was entitled to an award of attorney’s fees because the employer and carrier had unsuccessfully controverted compensability. Great Dane Trailers v. Flis, 435 So. 2d 931 (Fla. 1st DCA 1983); Dolphin Tire Co. v. Ellison, 402 So. 2d 36 (Fla. 1st DCA 1981). The three cases cited in the deputy commissioner’s order are materially distinguishable. In Walt Disney World Co. v. May, 397 So. 2d 1003 (Fla. 1st DCA 1981), the…
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Champlain Towers & Old Republic Ins. Co. v. Earl Dudley and the Division of Workers' Compensation, 481 So. 2d 532 (Fla. 1st DCA 1986)…rief also states “[b]oth Pre-Trial Stipulations clearly show that the employer/carrier ... denied claimant's need for psychiatric care ...” as a result of his compensable accident. In those circumstances the rationale of Great Dane Trailers v. Flis, 435 So. 2d 931 (Fla. 1st DCA 1983), permits an award under the provision of § 440.34, Florida Statutes, for a fee when employer/carrier denies compensability of one of several distinct injuries, as opposed to denying a claimed benefit on other grounds. We conclud…
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Teitelbaum Concrete v. Sandelier, 506 So. 2d 1122 (Fla. 1st DCA 1987)…mitting that a non-catastrophic compensable injury had occurred. Nor is this a situation in which the e/c admits the existence of one injury but denies the existence of a second injury arising from the same accident. See Great Dane Trailers v. Flis, 435 So. 2d 931 (Fla. 1st DCA 1983) (fee approved where e/c, although accepting claimant’s back injury as compensable, denied compensability of heart attack occurring several months later); Farm Stores, Inc. v. Harvey, 474 So. 2d 4 (Fla. 1st DCA 1985) (fee approved…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Great Am. Indem. Co. v. Doretha Williams, 85 So. 2d 619 (Fla. 1956)
- Dolphin Tire Co. & Sentry Ins. Co. v. Ellison, 402 So. 2d 36 (Fla. 1st DCA 1981)
- City OF Miami Beach v. Schiffman, 144 So. 2d 799 (Fla. 1962)
- Thompson v. W. T. Edwards Tuberculosis Hosp. & Fla. Indus. Comm'n, 164 So. 2d 13 (Fla. 1964)
- Gillespie v. Anderson, 123 So. 2d 458 (Fla. 1960)
- Popiel v. Broward Cnty. Sch. Bd. & Gallagher-Bassett Ins. Serv., 432 So. 2d 1374 (Fla. 1st DCA 1983)