LUNDY STABLES AND CNA INSURANCE COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
CATHERINE RIVERS, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1990-05-24
No. 89-483
ERVIN and WIGGINTON, JJ., concur.
562 So. 2d 784 Florida District Court of Appeal, First District (1990) Positive Treatment
Cited by 10 cases

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.

Synopsis

In this workers' compensation appeal, the First District Court of Appeal affirmed an award of permanent total disability and child care/housekeeping services to a paraplegic worker, but reversed the denial of psychological counseling for the claimant's family members, holding that family counseling may be awarded under section 440.13 when necessary to facilitate the injured employee's own psychological treatment.


Holding

The court affirmed the awards of child care and housekeeping services, the establishment of permanent total disability as of the date of accident, and the commencement date of supplemental benefits. However, the court reversed the denial of psychological evaluation and counseling for the claimant's family, holding that such services may be awarded when necessary to facilitate the injured employee's own psychological treatment.


Headnotes

[1] Workers' compensation benefits may include child care and housekeeping services when necessitated by the industrial injury and useful in mitigating its effects or facilit…

[2] Paraplegia, in the absence of conclusive proof of substantial earning capacity, constitutes permanent total disability under Florida Statutes section 440.15(1)(b).

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 intelligence

Key Quotes

“paraplegia ... shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability”

Establishes the statutory presumption of permanent total disability for paraplegia under section 440.15(1)(b)

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Claimant sustained an industrial accident that rendered her paraplegic. She required extensive child care and housekeeping assistance to manage her ho…

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.


Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Employer/carrier appeal a workers’ compensation order by which claimant was found to be permanently totally disabled and awarded various benefits. Employer/carrier challenge the award of child care and housekeeping services, and the establishment of permanent total disability as of the date of accident. We find no error with regard to these issues. Claimant cross-appeals and challenges the denial of psychological evaluation and counseling for her husband and children, and the commencement date of supplemental benefits. We find no error as to the supplemental benefits issue, but reverse as to the denial of psychological evaluation and counseling for claimant’s husband and children.

Claimant experienced an industrial accident by which she was rendered paraplegic, and after some initial confusion as to whether workers’ compensation benefits should be paid under the laws of Florida, or of another state, it was established that Florida law applies and a merits hearing was held on a claim for benefits. The parties agreed that claimant is permanently totally disabled, and evidence was presented as to the extent of her ability to function in her home environment. Various witnesses described the extensive difficulties which claimant encounters in this regard, including problems in caring for her two small children and performing routine household chores. Claimant testified as to her expenditures for child care and housekeeping help since sustaining her industrial injury. Claimant’s need for these services, including personal attendant care, is generally supported by the testimony of a rehabilitation nurse and a physician, as well as claimant’s own description of her abilities and needs. Insofar as the child care and housekeeping services which the judge awarded were thus shown to have been necessitated by the industrial injury, and to be useful in mitigating the effects of the injury or facilitating the process of recovery, such services were properly awarded under section 440.13, Florida Statutes. See generally, Khawam v. Collision Clinics International Inc., 413 So. 2d 827 (Fla. 1st DCA 1982); Doctor’s Hospital of Lake Worth v. Robinson, 411 So. 2d 958 (Fla. 1st DCA 1982).

In establishing claimant’s permanent total disability as of the date of accident, the judge applied section 440.15(1)(b), Florida Statutes, which provides that:

... paraplegia ... shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability. In all other cases, permanent total disability shall be determined in accordance with the facts.

In applying this statute the judge expressly relied on Pinellas Ambulance Service Inc. v. Gettinger, 504 So. 2d 1386 (Fla. 1st DCA 1987), which involved a somewhat different issue than is here presented but which characterized the supreme court’s opinion in Jackson v. Princeton Farms Corp., 140 So. 2d 570 (Fla.1962), as establishing that under the statute “the moment the physical impairments described therein occur, a presumption of permanent disability is in being .... ” While Jackson also involved a different issue than is here presented, the supreme court in Jackson did construe section 440.15(1)(b) as creating a presumption of permanent total disability at “the mo ment” when the statutorily-described event “transpires.” Since the record in the present case indicates that claimant’s paraplegia occurred as of the date of her accident the judge properly applied section 440.15(1)(b), as construed in Jackson, in establishing claimant’s permanent disability at that moment even though maximum medical improvement was not attained until a later date.

After claimant’s permanent total disability was established as of the date of accident, supplemental benefits under section 440.15(l)(e)l, Florida Statutes, were awarded commencing on the first day of the following calendar year. This was a proper application of the supplemental benefits statute as interpreted in cases such as Marvin v. Rewis Roofing, 553 So. 2d 314 (Fla. 1st DCA 1989), and Martino v. Nevins Fruit Co., IRC Order 2-3775 (April 20, 1979), since the beginning of claimant’s permanent total disability coincided with “the date of injury” which is specified as the beginning point for the calendar year multiplier in the supplemental benefit computation under section 440.15(1)(e)1.

Although recognizing that claimant’s own psychological recovery would be served should her family also receive such counseling, the judge denied the claim for family counseling upon a determination that this medical benefit may be awarded only for such services rendered directly to an injured employee. But a section 440.13 medical benefit may include services to the claimant’s family, such as child care, when it is necessary to facilitate the injured employee’s treatment and recovery. See Doctor’s Hospital of Lake Worth v. Robinson, supra. While the application of this principle to an award of family counseling was rejected in Prestressed Decking Corp. v. Medrano, 556 So. 2d 406 (Fla. 1st DCA 1989), the pertinent inquiry should be the injured employee’s medical need for, rather than the nature of, these services. See generally, Khawam v. Collision Clinics International Inc., 413 So. 2d 827 (Fla. 1st DCA 1982).

The record in the present case sufficiently establishes claimant’s need, as it shows that psychological evaluation and counseling for claimant’s husband and children was necessary and proper to facilitate claimant s own psychological treatment. This situation should be contrasted with Medrano, where the court’s opinion does not reflect any similar evidence addressing a need relating to the injured employee’s own treatment or recovery. Also compare Globe Security v. Pringle, 559 So. 2d 720 (Fla. 1st DCA 1990).

And any contrary suggestion in Medrano is clearly dicta as the court there determined that the family counseling claim had not been properly presented and thus should not have been entertained below. The present case involves no issue as to the adequacy of the claim, and in the limited context before us we conclude that the judge should have awarded the requested psychological evaluation and counseling for claimant’s husband and children, in order to facilitate claimant’s own psychological treatment under section 440.13(2)(a), Florida Statutes.

The order appealed is reversed as to the denial of psychological evaluation and counseling for claimant’s husband and children. The order is otherwise affirmed, and the cause remanded.

ERVIN and WIGGINTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …the general state of the law concerning medical benefits. The initial inquiry in determining the validity of an award of benefits pursuant to section 440.13(2)(a), Florida Statutes, is the employee’s medical need for the benefit. Stables v. Rivers, 562 So. 2d 784 (Fla. 1st DCA 1990). The JCC should only award those medical benefits which are determined to be a medical necessity. Diamond R. Fertilizer v. Davis, 567 So. 2d 451 (Fla. 1st DCA 1990). An award of a benefit which would not improve claimant’s condit…
    1 / 2
  • Temporary Labor Source v. E.H., 765 So. 2d 757 (Fla. 1st DCA 2000)
    …use of it, without precluding a claim from a similarly injured worker whose appendage is reattached, but is of no effective use to the worker. . See Jackson v. Princeton Farms Corp., 140 So. 2d 570 (Fla.1962), as applied in Lundy Stables v. Rivers, 562 So. 2d 784 (Fla. 1 st DCA 1990).…
  • Temps & Co. Servs. & Liberty Mut. Ins. Co. v. Cremeens, 597 So. 2d 394 (Fla. 1st DCA 1992)
    …hicle, with no credit to the e/c for the trade-in value of claimant’s prior vehicle. It is undisputed that claimant has a medical need of a modified vehicle with AT/PS pursuant to section 440.13(2)(a), Florida Statutes (1989); see Stables v. Rivers, 562 So. 2d 784, 786 (Fla. 1st DCA 1990). Despite the efforts of the e/e to have a special strap device made to aid claimant in shifting the gears on the Festiva, the device proved unreliable and unsafe. Mechanical modification of the vehicle was unfeasible because…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw