JESSIE E. HUNLEY, APPELLANT,
v.
A.D. WEISS LITHOGRAPH AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the deputy commissioner erred in denying penalties for temporary total disability benefits and in failing to adequately explain the denial of wage-loss benefits for a specific period.
[1] Penalties may be awarded when an employer/carrier pays workers' compensation benefits based on an incorrect rate and voluntarily ceases payment.
[2] An employer/carrier may decline to pay wage-loss benefits until completed forms are submitted, but does so at the risk of penalties if they have not performed their statu…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceClaimant suffered two work-related back injuries, leading to surgery and ongoing physical limitations. The deputy commissioner awarded some benefits b…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Claim For Penalties cases and more on FLexlaw
WIGGINTON, Judge.
This workers’ compensation appeal is from the deputy commissioner’s order awarding payment of temporary total disability benefits, readjusting claimant’s compensation rate, and ordering payment of wage-loss benefits, but denying the claim for penalties. The issues involved relate to technical aspects of the claim but do not contest that the accidents were work related.
Claimant suffered two lower back injuries during her period of employment with A.D. Weiss Lithograph, the first in January of 1981 and the second in February of 1983. Surgery was ultimately performed but claimant remained in less than perfect physical condition. Claimant felt wronged by the deputy’s order and this appeal followed. We have examined the record and carefully weighed the arguments of the parties as to each issue involved in this matter. We find that the deputy commissioner erred in denying penalties solely on the basis of notices to controvert, since the employer/carrier filed notices only as to the wage-loss claim for the month of June 1984. Remaining uncontroverted were the awarded temporary total disability benefits and wage-loss benefits for the remaining months. The deputy commissioner made no finding concerning whether the employer/carrier were excused from paying penalties under section 440.20(7), Florida Statutes, where nonpayment resulted “from conditions over which the employer or carrier had no control.” We find that as to the temporary total disability benefits, the carrier not only paid based on an incorrect rate but voluntarily ceased payment. Under the reasoning in King v. Lord Colony Enterprises, 400 So. 2d 856 (Fla. 1st DCA 1981), the deputy erred in failing to award penalties as to those benefits.
However, as to penalties attaching to the wage-loss benefits awarded, and those claimant contends should have been awarded, the issue is less clear. The record reveals that in early March 1984 the employer/carrier did provide claimant with a wage-loss package as required under the rules [see Hulbert v. Avis Rent-A-Car Systems, Inc., 469 So. 2d 235 (Fla. 1st DCA 1985)], but claimant filed only for June 1984. Claimant did not again file until 1985, when she submitted forms for January, February and March. Claimant further contends that the employer/carrier did not provide her with the necessary forms after August 1984.
Contrary to the deputy’s findings, the employer/carrier filed only notices to controvert the June 1984 and the 1985 wage-loss claims. In Hulbert, this Court held that the employer/carrier “may decline to pay wage-loss benefits until completed forms are submitted, but do so at the risk of penalties and interest if they have not performed their statutory and rule imposed obligations regarding wage-loss benefits.” Based on Hulbert, the case is remanded on this issue for the deputy commissioner to make findings of fact and conclusions of law as to whether the employer/carrier complied with their obligations throughout and whether they are otherwise excused under section 440.20(7), during those months when no notices to controvert were filed.
The final two points relate to the deputy commissioner’s failing to award wage-loss benefits for the period from August 22, 1984, through March 1985. We affirm the deputy commissioner’s denial of wage loss as to the months of August through November 1984. Regarding the wage loss claimed from August 24, the record reveals that not only did claimant quit her work on that date, but there is a clear conflict in testimony between the employer/carrier and claimant as to whether claimant voluntarily limited her income during the latter part of August 1984. We find there to be competent and substantial evidence to support the deputy’s finding that the employer/carrier had work available for claimant in August within her restrictions. We also affirm the denial of wage-loss benefits for the months of September, October and November, since claimant conducted no work search and wholly failed to prove a causal connection between her employment status and her compensable injury.
In considering the deputy commissioner’s finding as to the inadequacy of claimant’s work search for December 1984 and January, February and March 1985, the order is reversed based on the paucity of detail in his order on this issue. We recognize and accept the deputy’s discretion in this area, but in examining the order we are concerned with whether the'deputy properly considered claimant’s efforts in light of all the existing circumstances, such as her “actual physical impairment, age, industrial history, training and education, motivation ...,” Paramount Poultry v. Mims, 472 So. 2d 1281, 1283 (Fla. 1st DCA 1985), and point to this Court’s admonition in Hinds v. Orlando Concrete Contractors, 454 So. 2d 81 (Fla. 1st DCA 1984), that a deputy’s written findings on this issue be “in more detailed and specific form.” In light of the fact that claimant did perform a job search of sorts during these four months, and since the employer/carrier have not impeached that evidence, Irving v. City of Daytona Beach, 472 So. 2d 810 (Fla. 1st DCA 1985), the deputy’s conclusion should be explained. Section 440.25(3)(c), Florida Statutes.
This case is reversed and remanded to the deputy commissioner for elucidation and further proceedings in accord with this opinion.
SMITH and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Trujillo v. S. Wine & Spirits, 525 So. 2d 481 (Fla. 1st DCA 1988)…t contain the degree of specificity necessary to determine how the deputy commissioner arrived at the conclusion that the work search was insufficient, this action must be remanded for further findings on this issue. Hunley v. A.D. Weiss Lithograph, 489 So. 2d 1206 (Fla. 1st DCA 1986) (deputy commissioner required to make written findings explaining conclusion that claimant’s work search was inadequate, in light of fact that claimant offered uncon-troverted evidence that she performed a job search of sorts dur…
-
Grace v. Collier Cnty. Sch. Bd. & Gallagher Bassett Servs., 552 So. 2d 961 (Fla. 1st DCA 1989)…o the adequacy of the claimant’s efforts to establish WL, the court’s order must then be reversed and the cause remanded for additional findings, so that the judge’s conclusion may be explained in greater detail. See Hunley v. A.D. Weiss Lithograph, 489 So. 2d 1206, 1208 (Fla. 1st DCA 1986). It is possible that the judge reached his determination of an inadequate job search due to evidence in the record disclosing that the claimant’s efforts to obtain employment involved a number of duplica-tive contacts. If…
-
Perkins Rest. & Wausau Ins. Co. v. Cruz, 541 So. 2d 1279 (Fla. 1st DCA 1989)…uty’s decision to assess penalties in this case. Therefore, we remand this matter for entry of an order specifying the deficiencies of the notice to controvert, and clarifying the basis of the award of penalties. See Hunley v. A.D. Weiss Lithograph, 489 So. 2d 1206, 1208 (Fla. 1st DCA 1986); Hurlbert v. Avis Rent-A-Car Systems, 469 So. 2d 235, 236-237 (Fla. 1st DCA 1985); Carruth v. Allied Products Co., 452 So. 2d 634, 638 (Fla. 1st DCA 1984). In all other respects, the order is affirmed. BOOTH and MINER, JJ.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Paramount Poultry & Gab Bus. Servs., Inc. v. Mims, 472 So. 2d 1281 (Fla. 1st DCA 1985)
- Irving v. City OF Daytona Beach, 472 So. 2d 810 (Fla. 1st DCA 1985)
- Gideon Hinds v. Orlando Concrete Contractors & Reliance Ins. Co., 454 So. 2d 81 (Fla. 1st DCA 1984)
- Hulbert v. AVIS Rent-A-Car Sys., Inc., 469 So. 2d 235 (Fla. 1st DCA 1985)
- King v. Lord Colony Enters. & Liberty Mut. Ins. Co., 400 So. 2d 856 (Fla. 1st DCA 1981)