STATE OF FLORIDA, DEPARTMENT OF PUBLIC HEALTH, DIVISION OF RISK MANAGEMENT, APPELLANT,
v.
MURIEL WILCOX, APPELLEE

Fla. 1st DCA | 1985-12-10
No. BF-165
ERVIN and JOANOS, JJ., concur.
483 So. 2d 21 Florida District Court of Appeal, First District (1985) Negative Treatment
Cited by 10 cases

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Synopsis

The Florida Department of Public Health appeals a workers' compensation order awarding benefits to an employee injured in a compensable 1978 auto accident and a subsequent non-compensable 1979 accident. The court affirms the award of benefits related to the compensable accident but reverses and remands regarding medical expenses to require proper apportionment between the two accidents.


Holding

The employer is responsible for all medical expenses relating to the claimant's back injury from the compensable first accident, but may not be required to pay for medical expenses relating to injuries from the non-compensable second accident. The deputy commissioner must properly apportion medical expenses between the two accidents on remand, and the claimant must provide bills for all claimed expenses including treatment by Dr. Russell.


Headnotes

[1] A workers' compensation order awarding medical expenses may be reversed and remanded if the deputy commissioner incorrectly applies the law regarding apportionment of med…

[2] In workers' compensation cases involving multiple accidents, the employer is only responsible for medical expenses related to the compensable accident.

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Key Quotes

“The deputy is to ascertain which medical expenses relate to injuries not connected with the original compensable injuries. The employer may not be required to pay for these expenses.”

Establishes the core holding that employers are not liable for medical expenses unrelated to the compensable accident.

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Facts & Procedural History

Muriel Wilcox was injured in a compensable auto accident on August 3, 1978, returned to work in January 1979 with significant back pain difficulties, …

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Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

Department of Public Health, Division of Risk Management, appeals from a final workers’ compensation order awarding certain benefits including medical expenses to Muriel Wilcox (Wilcox). We find no merit to any of the issues raised on appeal, except the award of medical expenses, which we reverse and remand to the deputy commissioner for further proceedings.

This is the second appearance of this case in this court. Wilcox was injured in a compensable auto accident on August 3, 1978. She returned to work in January, 1979 but was having a lot of difficulty performing her duties because of back pain. She was injured in another accident, this one noncompensable, in December, 1979. She has never returned to work.

In his original order, the deputy found that he was unable to apportion the impairment caused by the first and second accidents. He ordered the self-insured employer to pay TTD, PTD and all medical expenses. This court reversed, finding that the deputy had effectuated an improper “reverse merger.” This court remanded to the deputy for consideration of the question “[wjhether she was or could have become disabled in the absence of the second accident. ...” State, Department of Public Health, Division of Risk Management v. Wilcox, 458 So. 2d 1207, 1210 (Fla. 1st DCA 1984). The deputy was also or dered to determine which medical expenses are related to each accident and to hold the employer responsible only for those relating to the compensable accident. Id. at 1210-11.

On remand, the deputy found that “the law as of August, 1978 did not allow the medical to be apportioned.” That conclusion is not only wrong, it is contrary to the prior opinion of this court in this matter. The record indicated that there were injuries received in the second, noncom-pensable, accident which did not relate to the compensable back injury, but for which medical services were rendered. The deputy is to ascertain which medical expenses relate to injuries not connected with the original compensable injuries. The employer may not be required to pay for these expenses. We find, however, that the deputy correctly held the employer responsible for all expenses relating to the claimant’s back injury.

It appears that medical expenses were awarded for treatment by Dr. Russell, but no bills were placed in evidence. On remand, Wilcox shall be allowed to correct this error. Leonard M. King Pest Control v. Dixon, 474 So. 2d 12 (Fla. 1st DCA 1985).

AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings.

ERVIN and JOANOS, JJ., concur.

Other
BARFIELD, Judge.

BARFIELD, Judge.

This case is before the court on Petition for Rehearing and Reconsideration suggesting to the court that section 440.-02(18), Florida Statutes (Supp.1978), precludes apportionment of medical benefits notwithstanding this court’s earlier opinion to the contrary. Counsel’s quotation of the last sentence of that subsection as authority for no apportionment under the circumstances of this case is misleading and inappropriate appellate practice. The statutory reference expressly and clearly speaks to a compensable accident accelerating or aggravating a preexisting disease or anomaly. Nowhere does this subsection speak to injuries arising from a noncompensable accident following, and identifiably distinct from, injuries incurred in a compensable accident. Rehearing is DENIED.

ERVIN and JOANOS, JJ., concur.


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Citator

Cited By

  • Linda Sue Parish v. Baptist Hosp., 512 So. 2d 1031 (Fla. 1st DCA 1987)
    …he determinations outlined above. That portion of the order is reversed and the case remanded for the determination of this issue, with leave to receive additional evidence if the deputy deems it advisable. See Department of Public Health v. Wilcox, 483 So. 2d 21, 22 (Fla. 1st DCA 1985) (Wilcox II) (such apportionment is appropriate when injuries arise from a noncompensable accident following, and identifiably distinct from, injuries incurred in a compensable accident). [*1033] It was also error to deny all…
  • Atkins Constr. Co. & South-Eastern Fire Ins. Co. v. Wilson, 509 So. 2d 1185 (Fla. 1st DCA 1987)
    …idence on this issue. REVERSED and REMANDED. ERVIN and SHIVERS, JJ., concur. . Of course medical expenses attributable solely to the noncompensable injuries are not the responsibility of the employer. State, Department of Public Health v. Wilcox, 483 So. 2d 21 (Fla. 1st DCA 1986).…
  • …require the JCC to determine the extent to which each accident contributed to the injuries and to what extent benefits might yet be due based on the compensable injury. See Parish, 512 So. 2d at 1032; State, Dep’t [*1132] of Public Health v. Wilcox, 483 So. 2d 21, 22 (Fla. 1st DCA 1985). Based on a May 1986 notation in the medical records referring to claimant’s “excessive weight lifting,” Dr. Ciejek stated in deposition that he had assumed that some of claimant’s muscle problems might be attributable to su…

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