ALTON M. BLANTON, APPELLANT,
v.
DIVISION OF RETIREMENT, APPELLEE
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The court held that the Commission's denial of in-line-of-duty disability benefits was not supported by substantial evidence, and the appellant's work-related injuries were the substantial producing cause of his permanent and total disability.
[1] An injury or illness arising out of and in the actual performance of duty required by a member's employment must be the substantial, producing cause or an aggravating cau…
[2] A claimant bears the burden of proving that work-related injuries were the substantial, producing cause or an aggravating cause of their total and permanent disability fo…
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Join FLexlaw to unlock all legal intelligenceAppellant, an electrician, suffered a compression fracture and broken ribs in a work-related accident, rendering him permanently and totally disabled.…
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ERVIN, Judge.
Blanton appeals from a final order of the State Retirement Commission (Commission), denying his request for in-line-of-duty disability retirement benefits. We reverse and remand with directions.
In 1972, appellant began work as an electrician for the Marion County School Board. On October 15,1979, he fell from a ladder while removing an old fire alarm at a high school. He suffered a compression fracture of the L-2 lumbar vertebra and four broken ribs, and has been unable to return to work because of problems with standing, walking, climbing and lifting.
By letter dated July 6, 1981, the Division of Retirement (Division) denied appellant’s claim for in-line-of-duty disability retirement benefits, but approved regular disability retirement benefits. See Section 121.091(4)(d)(l) and (2), Florida Statutes. Upon appellant’s petition, an administrative hearing was conducted before the Commission, pursuant to Section 121.23(2), Florida Statutes. Appellant’s treating physician, Dr. Martin Freed, testified by deposition that appellant is permanently and totally disabled, a condition caused by a combination of (1) the compression fracture to the L-2 vertebra and the broken ribs; (2) age; and (3) a chronic lung condition. In his opinion, appellant’s accident only temporarily affected his chronic lung condition, and the compression fracture and broken ribs, once healed, do not themselves constitute a permanent and total disabling condition. As of appellant’s date of maximum medical improvement, the healed fractured vertebra left him with a ten percent permanent, physical impairment.
In the hearing officer’s recommended order, it was found that although appellant is totally and permanently disabled, he had failed to prove that his work-related injuries constituted “the substantial producing, or aggravating cause, of his ... disability.” After concluding that appellant’s total and permanent disability “was caused by any number of factors not related to ... [his] employment”, the hearing officer affirmed the Division’s decision to deny in-line-of-duty disability retirement benefits. The Commission later adopted and accepted the recommended order. This court may not “substitute its judgment for that of the commission as to the weight of the evidence on any disputed finding of fact where the decision of the commission was supported by substantial evidence”.
Section 121.23(4), Florida Statutes. The test for an in-line-of-duty disability award is whether “an injury or illness arising out of and in the actual performance of duty required by a member’s employment”, section 121.021(13), was the substantial, producing cause or an aggravating cause of a member’s total and permanent disability. Havener v. Division of Retirement, 461 So. 2d 231, 233 (Fla. 1st DCA 1984). Appellant had the burden of proof at the hearing below. Florida Administrative Code Rule 22J-1.05(4). The parties agree that appellant is permanently and totally disabled, and that the injuries he sustained on October 15, 1979 arose out of and in the actual performance of the duties required by his job.
According to Dr. Freed’s testimony, the injuries appellant suffered in his work-related accident did not themselves cause permanent and total disability. That is not a requirement under the test stated above; rather, the work-related injuries need only be the substantial, producing cause or an aggravating cause of such disability. Since appellant’s work-related injuries only temporarily aggravated his preexisting lung condition, the question is whether his injuries can be considered the substantial, producing cause of his permanent and total disability. Dr. Freed’s medical testimony has established a causal relationship between appellant’s work-related injuries and his status as an employee permanently and totally disabled.
Moreover, the evidence is undisputed that since his 1979 accident, appellant has been unable to carry out the same or similar physical activities that he had performed prior to that time. There is no evidence that appellant had limitations on his physical activity at work before his 1979 accident. These circumstances, together with Dr. Freed’s testimony, constitute substantial evidence that appellant’s work-related injuries were the substantial, producing cause of his permanent and total disability. Havener, 461 So. 2d at 233-34; Moore v. State of Florida, 368 So. 2d 664, 665 (Fla. 1st DCA 1979); see also Bolinger v. Division of Retirement, 335 So. 2d 568 (Fla. 1st DCA 1976).
Because the record contains no competent, substantial evidence to support the Commission’s denial of in-line-of-duty benefits, we reverse and remand with directions to the Commission to award in-line-of-duty benefits retroactively to the date of the original award of regular retirement benefits.
WENTWORTH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dixon v. Dep't of Admin. Div. of Ret., 481 So. 2d 52 (Fla. 1st DCA 1985)…or constantly harassed and reprimanded him, causing serious stress, and aggravating and exacerbating his condition. In our judgment, Dixon has met the test required for in-line-of-duty disability benefits. [*54] In Blanton v. Division of Retirement, 480 So. 2d 134 (Fla. 1st DCA 1985), we stated: “The test for an in-line-of-duty disability award is whether ‘an injury or illness arising out of and in the actual performance of duty required by a member’s employment’, section 121.021(13), was the substantial, pro…
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Maxwell Andrews v. Division OF Retirement, 508 So. 2d 477 (Fla. 1st DCA 1987)…erance of the evidence that his illness arose out of and in the actual performance of duties required by his employment or that appellant’s disability was sustained in the line of duty. The Commission distinguished Blanton v. Division of Retirement, 480 So. 2d 134 (Fla. 1st DCA 1985), stating there were “factors other than those in the work place which may have aggravated Petitioner’s medical problem, causing disability” (R 345). The Commission concluded that appellant was not entitled to in-line-of-duty disa…
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Edghar Glisson v. State, 621 So. 2d 543 (Fla. 1st DCA 1993)…’s decision is not supported by competent substantial evidence. Before the Commission, the burden of persuasion and the initial burden of going forward both rested on . appellant. Fla.Admin.Code R. 60R-1.0047. See Blanton v. Division of Retirement, 480 So. 2d 134 (Fla. 1st DCA 1985). Appellant testified that he had had two surgeries on his spine, the first in March and the second in December 1988. Neither was successful. In between the two surgeries, in June 1988, appellant had a heart attack, which occurred…1 / 2
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
- Joycie T. Bolinger v. Division OF Retirement, 335 So. 2d 568 (Fla. 1st DCA 1976)
- Havener v. Division OF Retirement, 461 So. 2d 231 (Fla. 1st DCA 1984)
- Moore v. State, 368 So. 2d 664 (Fla. 1st DCA 1979)