CRIME CONTROL, INC. AND AMERICAN STATES INSURANCE COMPANIES, APPELLANTS,
v.
FRANK BURSTON AND THE DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, DIVISION OF WORKERS' COMPENSATION, APPELLEES
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Crime Control, Inc. and its insurance carrier appealed an order awarding wage loss and rehabilitation benefits to an employee. The Florida appellate court affirmed the award while modifying certain findings of fact that lacked evidentiary support, holding that reversal was unwarranted because the preponderance of evidence clearly supported the benefits award.
The order is affirmed despite evidentiary deficiencies in the findings because a clear preponderance of the evidence supports the deputy commissioner's decision to award benefits, and the erroneous findings are immaterial to the outcome. The court modified specific findings of fact that lacked evidentiary support.
[1] An appellate court may affirm an order awarding benefits even if it contains insufficient or unsupported findings of fact, provided a clear preponderance of the evidence…
[2] An appellate court may modify an order to correct deficient findings of fact rather than reversing it when the claimant's entitlement to benefits is clear and remand woul…
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Join FLexlaw to unlock all legal intelligence“we find, upon review of the record, that a clear preponderance of the evidence presented supports the deputy commissioner's (deputy) decision to award the benefits, and that the erroneous findings of fact included in the order are immaterial and unnecessary to the decision to award benefits”
Establishes the standard for affirming despite evidentiary deficiencies in findings of fact
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Join FLexlaw to unlock all legal intelligenceAn employee (Frank Burston) sought wage loss and rehabilitation benefits. The vocational rehabilitation service provided by the carrier failed to gain…
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THOMPSON, Judge.
This is an appeal from an order awarding wage loss and rehabilitation benefits. We affirm the order as modified.
The appellants, employer and carrier, present seven issues for our consideration. With respect to six of the seven issues presented, appellants’ arguments consist in whole or in part of assertions that the order should be reversed because it includes insufficient findings of fact to support the ultimate conclusions reached and includes findings on disputed issues of fact without addressing or resolving the conflicts in the evidence bearing on the disputed issues. Appellants also argue that certain findings of fact made in the order are unsupported by the evidence.
We agree that certain findings made in the order are unsupported by any competent substantial evidence, and that the order is deficient in several respects. However, we decline to reverse the order because we find, upon review of the record, that a clear preponderance of the evidence presented supports the deputy commissioner’s (deputy) decision to award the benefits, and that the erroneous findings of fact included in the order are immaterial and unnecessary to the decision to award benefits.
In a case such as this one, where the claimant’s entitlement to the benefits awarded is reasonably clear so that there is no likelihood that the outcome of the case would change upon remand, we will ordinarily eschew action which will have the effect of penalizing the claimant because of deficiencies in the order. We hasten to add that orders such as the one sub judice can and will be reversed in closer cases, as well as in cases where it appears that the findings of fact which are erroneous or are of questionable validity are not superfluous but are material to the decision reached.
We affirm the decretal portion of the order on appeal, but modify the findings of fact made in paragraphs five through eight of the “findings” portion of the order. Paragraph five is stricken in its entirety, as is the parenthetical clause contained in paragraph six. The first sentence of paragraph seven is modified to read: “During the course of its involvement with the claimant, the vocational rehabilitation service provided by the carrier failed to gain approval of a rehabilitation plan for the claimant.” The second sentence of paragraph seven is stricken in its entirety, and the first sentence of paragraph eight is modified to read: “After July 1986 the claimant sought vocational advice and assistance on his own from a Mr. George Soulary.” The remainder of the findings stated in paragraph eight are supported by competent substantial evidence, and are approved.
Finally, we note that the inclusion in the order of a reference to an exhibit proffered by the claimant but not admitted into evidence was unnecessary, adding nothing but confusion to the case. The exhibit referred to was objectionable and inadmissible for several reasons, not the least of which is its utter irrelevance and immateriality to any issue in this case. However, we fail to discern how a mere reference to the fact that an exhibit was proffered by a party constitutes error. In any event, the deputy properly excluded the exhibit from evidence and there is nothing in the record or in the order on appeal (other than the “ipso facto” inference drawn by appellants) which indicates that the deputy in any way relied on the exhibit in reaching his decision in this case. The order, as modified, is AFFIRMED.
SHIVERS and JOANOS, JJ., concur.
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Trujillo v. S. Wine & Spirits, 525 So. 2d 481 (Fla. 1st DCA 1988)…deposition, however, was not admitted into evidence at the hearing and has not been made a part of the record on appeal.1 Thus, the deputy commissioner erred in relying on the deposition in reaching his decision. Cf. Crime Control, Inc. v. Burston, 522 So. 2d 929 (Fla. 1st DCA 1988) (mere reference in an order to exhibit proffered by claimant but not admitted into evidence not reversible error where nothing in the record or order indicates deputy commissioner relied on exhibit in reaching decision). Moreove…
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Carson v. Gaineswood Condos., 532 So. 2d 28 (Fla. 1st DCA 1988)…the basis of a single inaccuracy in the history given to the psychiatrist by a claimant, and that the deputy erred in rejecting the claimant’s testimony without an explanation of how her credibility was tarnished; and Crime Control, Inc. v. Burston, 522 So. 2d 929, 930 (Fla. 1st DCA 1988), cautioning that orders will be reversed “in cases where it appears that the findings of fact which are erroneous or are of questionable validity are not superfluous but are material to the decision reached.” To demonstrate…
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Delaine Fritz v. Courtyard BY Marriott & Marriott Cas. Claims, 592 So. 2d 1167 (Fla. 1st DCA 1992)…ly in light of critical testimony he overlooked, remand is necessary for reconsideration of the evidence. Carballo v. Warren Mfg. Co., 407 So. 2d 603 (Fla. 1st DCA 1981), review denied, 415 So. 2d 1362 (Fla.1982). Cf. Crime Control, Inc. v. Burston, 522 So. 2d 929 (Fla. 1st DCA 1988) (court declined to reverse order awarding benefits even though some findings were not supported by CSE, because erroneous findings were immaterial and unnecessary to the decision to award benefits). Turning next to the JCC’s det…
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