SUN LAKES REALTY & CONSTRUCTION COMPANY AND AMERICAN MUTUAL INSURANCE, APPELLANTS/CROSS-APPELLEES,
v.
NICKY DOUGLAS TAYLOR, APPELLEE/CROSS-APPELLEE, AND JEFF WELLS AND EXECUTIVE RISK CONSULTANTS, INC., APPELLEES/CROSS-APPELLANTS
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In this workers' compensation case, the Florida First District Court of Appeal affirmed an order granting disability benefits to an injured construction worker but remanded for clarification on the apportionment of liability between two successive insurance carriers when a second injury causally related to the first occurred.
The court affirmed that the deputy commissioner had authority to apportion temporary total and temporary partial disability benefits and other costs between carriers, but held that apportionment must be withheld until maximum medical improvement is reached. E/C No. 2 must furnish benefits and reimburse medical costs until apportionment is properly determined.
[1] A deputy commissioner has the authority to apportion liability for future compensation and medical benefits between successive employers and their insurance carriers when…
[2] A deputy commissioner is required to withhold ruling on apportionment of benefits until maximum medical improvement has been reached.
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“We find that competent substantial evidence supports the deputy's findings and that the deputy has the authority to apportion temporary total and temporary partial disability benefits, other benefits, and costs.”
Establishes that the deputy commissioner possessed authority to apportion liability between successive carriers for workers' compensation benefits.
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Join FLexlaw to unlock all legal intelligenceA 25-year-old construction worker injured his back on August 12, 1985, while lifting a precast beam while employed by Jeff Wells, insured by Sun Lakes…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This cause is before us on appeal from an order of the deputy commissioner granting total and temporary partial disability, and apportioning liability. Of the many issues raised on appeal and cross appeal, we find only the issue of apportionment merits discussion.
Claimant, a 25-year-old construction worker and laborer, injured his back on August 12, 1985, while lifting a heavy precast beam onto scaffolding in the course of his employment with Jeff Wells, who was subcontracting for and provided workers’ compensation insurance by Sun Lakes Realty and Construction and American Mutual Insurance Company, respectively, employer and carrier number one (E/C No. 1). Subsequently, E/C No. 1 furnished claimant with compensation and medical benefits. Claimant returned to work for Wells, who had changed carriers in January 1986, and was insured by Executive Risk Consultants, Inc. (E/C No. 2).
On April 21, 1986, claimant reinjured his back while lifting concrete blocks. Both carriers refused to furnish claimant with temporary total disability benefits or to reimburse him for medical costs following the second accident.
The deputy found claimant’s second back injury was causally related to both accidents, required E/C No. 2 to pay temporary total disability benefits and temporary partial disability benefits in the amount of $1,000, and apportioned liability for future compensation and medical benefits between E/C No. 1 and E/C No.
2.
We find that competent substantial evidence supports the deputy’s findings and that the deputy has the authority to apportion temporary total and temporary partial disability benefits, other benefits, and costs. Atkins Construction Company v. Wilson, 509 So. 2d 1185 (Fla. 1st DCA 1987); City of Fernandina Beach v. School Board of Nassau County, 488 So. 2d 871 (Fla. 1st DCA 1986); Flagship National Bank of Broward County v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985); Hayward Trucking v. Aetna Insurance Company, 466 So. 2d 437 (Fla. 1st DCA 1985).
However, the deputy is required to withhold ruling on apportionment until maximum medical improvement is reached. Florida Insurance Guaranty Association v. Fibercon Industries, Inc., 491 So. 2d 566 (Fla. 1st DCA 1987); see also City of Melbourne v. Haddock, 533 So. 2d 301 (Fla. 1st DCA 1988). E/C No. 2 should be required to furnish claimant with benefits and reimburse his medical costs until apportionment.
Accordingly, the deputy’s order is affirmed and this cause remanded for clarification regarding the issue of apportionment consistent herewith.
BOOTH, JOANOS, and MINER, JJ., concur.
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Cruise Quality Painting & Cigna Ins. Cos. v. Paige, 564 So. 2d 1190 (Fla. 1st DCA 1990)…t exist from a preexisting permanent contributing condition (compensa-ble or otherwise). . Compare also City of Fernandina Beach v. School Board of Nassau County, 488 So. 2d 871 (Fla. 1st DCA 1986); and Sunlakes Realty & Construction Co. v. Taylor, 555 So. 2d 1216 (Fla. 1st DCA 1989), rehearing denied, February 6, 1990, which cases indicate that the judge is required to withhold ruling on apportionment until maximum medical improvement has been reached. This language may have its origin in a failure to mainta…
Authorities Cited
- Flagship Nat'l Bank OF Broward Cnty. & Peninsular Fire Ins. Co. v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985)
- Atkins Constr. Co. & South-Eastern Fire Ins. Co. v. Wilson, 509 So. 2d 1185 (Fla. 1st DCA 1987)
- G & B Equip., Inc. v. Miller, 466 So. 2d 437 (Fla. 1st DCA 1985)
- Hayward Trucking, Inc. v. AETNA Ins. Co., 466 So. 2d 437 (Fla. 1st DCA 1985)
- Fla. Ins. Guar. Ass'n v. Fibercon Indus., Inc., 491 So. 2d 566 (Fla. 1st DCA 1986)
- Myles J. Tralins and Nikki N. Tralins v. Pearl, 488 So. 2d 871 (Fla. 3d DCA 1986)
- City OF Fernandina Beach & Peninsular Fire Ins. Co. v. Sch. Bd. OF Nassau Cnty. & Am. Guar. & Liab., 488 So. 2d 871 (Fla. 1st DCA 1986)
- City OF Melbourne & Old Dominion Ins. Co. v. Dannie M. Haddock & Rockwood Ins. Co., 533 So. 2d 301 (Fla. 1st DCA 1988)