BURNUP & SIMS TELECOM, INC., APPELLANT,
v.
R.C. WHITE, APPELLEE
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The First District Court of Appeal affirmed an award of workers' compensation temporary total disability benefits to a claimant who suffered a compensable accident on June 16, 1982, but did not file his claim until April 1983, more than eight months later. The court held that the late notice was properly excused under Florida law, and that even if the employer was prejudiced by the delay, such prejudice does not defeat benefits when the failure to report is excused.
The court affirmed the award of temporary total disability benefits. The deputy's finding that the April 1983 claim served as proper notice of the June 1982 injury was supported, and the failure to report within thirty days was properly excused under Escarra v. Winn Dixie. The fact that an employer was prejudiced by the delay in reporting does not support denial of benefits when the failure to report is properly excused.
[1] A workers' compensation claim filed after the statutory notice period may be deemed proper notice if the delay is excused.
[2] Failure to report a workplace injury within thirty days may be excused under certain circumstances, such as those outlined in Escarra v. …
Previewing 2 of 4 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“In awarding benefits, the deputy found that the claim filed in April 1983 served as proper notice of the injury suffered by claimant on June 16, 1982. She excused the failure to report the accident within thirty days on the basis of Escarra v. Winn Dixie, 131 So.2d 483 (Fla.1961).”
Establishes that the deputy properly found the April claim constituted adequate notice of the June injury and excused the late filing under controlling precedent.
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Join FLexlaw to unlock all legal intelligenceClaimant, a 47-year-old employee with a second-grade education who had worked for the employer since 1963, testified that on June 16, 1982, he flipped…
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WENTWORTH, Judge.
This is an appeal from an order finding that the claimant suffered a compensable accident entitling him to temporary total disability benefits. We affirm.
Claimant is a 47 year old black male with a second grade education. He had been working for the employer since 1963 at various jobs until he was hospitalized in January, 1983. Claimant testified that on June 16, 1982, he was working at a job site and flipped backwards over machinery so that his neck and upper back hit something. Claimant testified that he felt pain at the time but rubbed his neck and kept on working. He also testified that he told his foreman about the incident but said that as far as he knew he was okay. Claimant testified that on several occasions over the ensuing months he complained to various supervisors about pain in his neck but was told to go back to work. He did not testify that he connected the increasing pain in his neck with the June 16 accident. In December 1982, claimant’s arms and legs began to become numb and weak, and finally in January 1983 he sought medical treatment. Claimant was then referred to a neurosurgeon, Dr. Scott, who performed a cervical laminectomy on February 18, 1983. Claimant was in the hospital until April 4, 1983. When he was discharged he went to a lawyer who filed a claim for workers’ compensation benefits on April 25, 1983.
In awarding benefits, the deputy found that the claim filed in April 1983 served as proper notice of the injury suffered by claimant on June 16, 1982. She excused the failure to report the accident within thirty days on the basis of Escarra v. Winn Dixie, 131 So. 2d 483 (Fla.1961). She therefore awarded temporary total disability benefits at the proper compensation rate from February 1, 1983, to the date of the hearing.
Appellant argues in part that it was prejudiced by the failure to report the accident because claimant’s condition got worse because he kept working after he was injured. Thus, appellant asserts that claimant’s injury was worse than it would have been had he promptly reported it, citing Overholser Construction Co. v. Porter, 173 So. 2d 697 (Fla.1964). The fact that the cited opinion contains an explanation of the importance of prompt reporting does not support appellant’s contention that when the failure to report is properly excused benefits should be denied if the employer was prejudiced by the delay.
Affirmed.
ZEHMER and BARFIELD, JJ., concur.
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Coleman Music & Games & Auto-Owners Ins. Co. v. Burton, 464 So. 2d 1296 (Fla. 1st DCA 1985)…PER CURIAM. AFFIRMED. See Escarra v. Winn Dixie Stores, Inc., 131 So. 2d 483 (Fla.1961); Burnup & Sims Telecom, Inc. v. White, 449 So. 2d 393 (Fla. 1st DCA 1984). MILLS, JOANOS and BARFIELD, JJ., concur.…
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Authorities Cited
- Escarra v. Winn Dixie Stores, Inc., 131 So. 2d 483 (Fla. 1961)
- Overholser Constr. Co. & the Gen. Accident Grp. v. Porter, 173 So. 2d 697 (Fla. 1964)