WHISKEY CREEK COUNTRY CLUB AND CLAIMS CENTER, APPELLANTS,
v.
DEAN RIZER, DECEASED EMPLOYEE, AND EVELYN RIZER, CLAIMANT, APPELLEE
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Whiskey Creek Country Club appealed a workers' compensation order awarding benefits for an employee's death and related funeral expenses. The court affirmed the award of death benefits but reversed the assessment of penalties and interest on funeral expenses, holding that funeral expenses are not "compensation" subject to penalty provisions under Florida law.
The court affirmed the findings regarding causation between the industrial accident and the employee's illness and death, as they were supported by competent, substantial evidence. However, the court reversed the assessment of penalties and interest on funeral expenses because funeral expenses are not "compensation" within the meaning of sections 440.20(7) and (9), Florida Statutes, and therefore are not subject to penalty provisions.
[1] An appellate court will affirm a workers' compensation order if competent, substantial evidence supports the findings of causal relationships between the employee's illne…
[2] A judge of compensation claims may accept the testimony of one physician over that of others when determining credibility and resolving conflicts in evidence.
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 review only whether there is CSE in the record to support the order”
Establishes the appellate standard of review for workers' compensation findings of fact
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Join FLexlaw to unlock all legal intelligenceDean Rizer was employed as a landscaper by Whiskey Creek Country Club. He suffered an industrial accident and subsequently developed an illness that l…
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ERVIN, Judge.
Appellants, Whiskey Creek Country Club and Claims Center, the employer and its insurance carrier (E/C), appeal from a worker’s compensation order determining that the last illness and death of Dean Rizer, who was employed as a landscaper for the employer, were compensable and awarding benefits in connection therewith. We affirm in part and reverse in part.
As to the first two issues raised by appellants regarding the findings of causal relationships between the employee’s illness and subsequent death and the industrial accident, we affirm because there is competent, substantial evidence in the form of the testimony of Drs. Arpin and Sanders supporting those findings. See Swanigan v, Dobbs House, 442 So. 2d 1026, 1027 (Fla. 1st DCA 1983) (we review only whether there is CSE in the record to support the order); Orlando Precast Prods. v. Ciofalo, 501 So. 2d 1326, 1328 (Fla. 1st DCA 1986) (JCC, in determining credibility of witnesses and resolving conflicts in the evidence, may accept testimony of one physician over that of others).
We reverse, however, that portion of the order assessing penalties and interest on the funeral expenses that were awarded. Sections 440.20(7) and (9), Florida Statutes (1989), provide for the assessment of penalties and interest if any installment of “compensation” is not timely paid. Funeral expenses, like medical expenses, are not “compensation.”1 See Special Disability Trust Fund v. Southland Corp., 322 So. 2d 900 (Fla.1975); Brantley v. ADH Bldg. Contractors, Inc., 215 So. 2d 297 (Fla.1968); Southland Corp. v. Special Disability Trust Fund, 526 So. 2d 1039 (Fla. 1st DCA 1988); Smith v. General Conference of Seventh Day Adventists, 535 So. 2d 611 (Fla. 1st DCA 1988); Cox Oil & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982); W. Jackson & Sons Constr. Co. v. Dudley, 374 So. 2d 1074 (Fla. 4th DCA 1979). We therefore strike that portion of the order assessing penalties and interest for late payment of the funeral expenses because it is erroneous.
AFFIRMED in part and REVERSED in part.
WIGGINTON and KAHN, JJ., concur. . "Compensation" is defined as "the money allowance payable to an employee or to his dependents as provided in this chapter.” § 440.-02(6), Fla.Stat. (1989).
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- Swanigan v. Dobbs House & Am. Motorists Ins. Co., 442 So. 2d 1026 (Fla. 1st DCA 1983)
- Brantley v. A D H Bldg. Contractors, Inc., 215 So. 2d 297 (Fla. 1968)
- Orlando Precast Prods. v. Ciofalo, 501 So. 2d 1326 (Fla. 1st DCA 1986)
- Indrajit Smith v. Gen. Conf. OF Seventh DAY Adventists & Nat'l Union Fire Ins. Co. of Pittsburgh, 535 So. 2d 611 (Fla. 1st DCA 1988)
- W. Jackson & Sons Constr. Co. & Old Republic Ins. Co. v. Dudley, 374 So. 2d 1074 (Fla. 4th DCA 1979)
- Eichholz v. Bell, 410 So. 2d 211 (Fla. 1st DCA 1982)
- COX OIL & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982)
- Southland Corp. & Kemper Ins. Grp. v. Special Disability Tr. Fund, 526 So. 2d 1039 (Fla. 1st DCA 1988)
- Rivers v. Louie L. Wainwright, 322 So. 2d 900 (Fla. 1975)
- Sawyer v. Louie L. Wainwright, 322 So. 2d 900 (Fla. 1975)