JOSEPH ZEBLEY, APPELLANT,
v.
STUART NISSAN AND FEISCO, APPELLEES
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In this workers' compensation appeal, the court determined that surgical removal of a portion of a cervical disc (discectomy) does not constitute an "amputation" under Florida's workers' compensation statute, and therefore the claimant is not entitled to permanent impairment benefits under Section 440.15(3)(a). The court rejected the claimant's reliance on obiter dictum from a prior case involving testicular removal.
The surgical removal of a portion of a cervical disc is not an "amputation" under Section 440.15(3)(a), and therefore does not qualify for permanent impairment benefits under that statute. The court affirmed the judge of compensation claims' denial of the claimant's benefits claim.
[1] The surgical removal of a portion of a cervical disc does not constitute an "amputation" under Section 440.15(3)(a), Florida Statutes (1987).
[2] Statutory language should be accorded its common, everyday meaning.
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“It is a well established rule that statutory language should be accorded its common everyday meaning.”
The foundational principle the court used to interpret the term "amputation" in the workers' compensation statute.
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Join FLexlaw to unlock all legal intelligenceJoseph Zebley suffered a compensable industrial accident on August 25, 1988, and subsequently underwent a discectomy (surgical removal of a portion of…
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ALLEN, Judge.
The issue presented in this workers’ compensation appeal is whether the surgical removal of a portion of a cervical disc is an “amputation” under Section 440.15(3)(a), Florida Statutes (1987). We agree with the determination of the judge of compensation claims that it is not. Accordingly, we affirm the order under review.
The appellant/claimant was injured in a compensable industrial accident on August 25, 1988. As a result of the injuries he sustained, he underwent a discectomy, a surgical removal of a portion of a cervical disc. The appellant’s physician determined that he had sustained a 7.5% permanent partial impairment to the body as a whole, due, at least in part, to the discectomy. Among the appellant’s claims for benefits was a claim for permanent impairment benefits under Section 440.15(3)(a), Florida Statutes (1987), which provides, in part, as follows:
1. In case of permanent impairment due to amputation ... there shall be paid to the injured worker the following:
a. Two hundred and fifty dollars for each percent of permanent impairment of the body as a whole from 1 percent through 10 percent....
Although the appellant had suffered a permanent impairment as a result of the dis-cectomy, the judge of compensation claims was of the view that the statutory term “amputation” did not include a cervical dis-cectomy. The judge therefore denied the appellant’s claim for permanent impairment benefits.
In arguing on appeal that the judge was incorrect in her application of the statutory-language to the facts of this case, the appellant refers us to only one case: Morris v. C.A. Meyer Paving & Const., 516 So. 2d 302 (Fla. 1st DCA 1987). The precise holding in Morris is that the surgical removal of an employee’s testicle is an "amputation” under the statute, and will be compensable thereunder, so long as the other statutory requisites are present. Significantly, appellant does not rely upon the holding, or ratio decidendi, of the case. See Goodhart, Determining the Ratio De-cidendi of a Case, 40 Yale L.J. 161 (1930). Rather, he relies upon portions of the rather extensive rationale and numerous expressions of abstract principles set forth in the opinion. The language upon which the appellant relies is obiter dictum. While it may very well provide useful material for the appellant’s argument, it is not binding precedent as to the issue before us.
In Morris we referred to dictionary definitions in reaching our conclusion that the surgical removal of a testicle is an amputation. Dictionary definitions are often useful in applying statutory terms which are of uncertain application to the facts of a particular case. Morris presented such a situation. While the surgical removal of a testicle is not as clearly an amputation as is the surgical removal of an arm or leg, a testicle is part of an external body organ which protrudes from the body as does a limb. Therefore, whether a testicle might be the subject of an amputation is a question over which reasonable persons might very well differ. Under the circumstances presented in Morris, it was appropriate to refer to dictionary definitions in resolving the question as to legislative intent. Such circumstances are not presented in the case before us.
It is a well established rule that statutory language should be accorded its common everyday meaning. Priest v. Plus Three, Inc., 447 So. 2d 338 (Fla. 4th DCA), rev. denied, 453 So. 2d 44 (Fla.1984). The common everyday meaning of the term “amputation” does not encompass the surgical removal of a portion of a small disc. We need not refer to dictionary definitions to know this, though one who does so will find much support for our conclusion. The judge of compensation claims was correct in denying the claim for permanent impairment benefits. The order is affirmed.
ERVIN and WOLF, JJ., concur.
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Green v. State, 591 So. 2d 965 (Fla. 1st DCA 1991)…, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is axiomatic that words in a statute are to be given their common or ordinary meaning. Maryland Cas. Co. v. Sutherland, 125 Fla. 282, 169 So. 679 (1936); Zebley v. Stuart Nissan, 576 So. 2d 851 (Fla. 1st DCA 1991); Brooks v. Anastasia Mosquito Control District, 148 So. 2d 64 (Fla. 1st DCA 1963); Norman J. Singer, Sutherland Stat. Const. § 47.28 (4th Ed.1984). At least two rationales have been given for this rule of construction. One ration…
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James Lewis Drywall and Feisco v. Davis, 627 So. 2d 1302 (Fla. 1st DCA 1993)…utes (1987).1 We conclude that this procedure does not constitute an amputation under the statute and reverse the award. It is a well-established rule that statutory language should be accorded its common, everyday meaning. Zebley v. Stuart Nissan, 576 So. 2d 851 (Fla. 1st DCA 1991). We need not resort to dictionary definitions to know that the common understanding of the term “amputation” does not encompass the surgical removal of a portion of the knee. See Id. (the common meaning of “amputation” does not i…
Authorities Cited
- Alachua Cnty. v. Hartman, 516 So. 2d 302 (Fla. 1st DCA 1987)
- O.D. Priest, Jr. v. Plus Three, Inc., 447 So. 2d 338 (Fla. 4th DCA 1984)
- Tropigas, S.A. v. Anderson, 447 So. 2d 338 (Fla. 3d DCA 1984)