CITY OF WEST PALM BEACH AND JOHNS EASTERN COMPANY, APPELLANTS,
v.
WILLIAM BURBAUM, APPELLEE
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The City of West Palm Beach and Johns Eastern Company appealed a workers' compensation judge's decision finding that a firefighter/paramedic's hypertensive condition was work-related and awarding medical costs, sick leave reimbursement, and penalties. The appellate court affirmed the causation finding but reversed the sick leave reimbursement and penalty awards as improper under Florida law.
The court affirmed that the employer failed to overcome the presumption under section 112.18, Florida Statutes. However, it reversed the sick leave reimbursement because payment of medical costs is not classified as a statutory disability benefit, and reinstatement of sick leave is only proper in specific instances where statutory disability benefits are awarded. The court reversed the penalty because although the notice to controvert was filed prematurely, it did not delay the claim process, and penalties are designed to address delays or failures to expeditiously determine obligations.
[1] An employer/servicing agent fails to overcome the statutory presumption of disability for firefighters when clear and convincing evidence is not presented.
[2] Reimbursement of sick leave benefits is improper when the award is based solely on payment of medical costs, as medical costs are not classified as statutory disability b…
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“The employer has no right to diminish his contractual obligation by refusing to reimburse leave time expended by a claimant while awaiting the determination of his workers' compensation claim.”
Establishes that while employers cannot avoid sick leave obligations, reinstatement of sick leave is limited to cases where statutory disability benefits are awarded.
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Join FLexlaw to unlock all legal intelligenceWilliam Burbaum, a firefighter/paramedic, filed a workers' compensation claim on October 8, 1992, alleging his hypertensive condition was causally rel…
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PER CURIAM.
This appeal arises from an order of the judge of compensation claims (JCC) finding claimant’s hypertensive condition causally related to his employment as a fire fighter/paramedic and requiring the City of West Palm Beach and Johns Eastern Company, the employer and servicing agent (E/SA), to pay claimant’s medical costs, reimburse claimant’s sick leave benefits, and pay penalties.
First, the E/SA claim the JCC erred in determining that they failed to overcome the presumption relative to the disability of fire fighters under section 112.18, Florida Statutes (1991). We reject the E/SA’s argument, finding the JCC properly determined, based on the evidence, that the E/SA failed to present clear and convincing evidence sufficient to overcome the presumption. Caldwell v. Division of Retirement, 372 So. 2d 438 (Fla.1979).
Second, the E/SA argue that the JCC erred when he awarded claimant reimbursement of sick leave benefits. We find merit in the E/SA’s contention. Payment of accrued sick time is an independent contractual right agreed to by the claimant and the employer as a condition of employment. Marion Cor rectional Institution v. Kreigel, 522 So. 2d 45, 47 (Fla. 5th DCA 1988), review denied, 531 So. 2d 1354 (Fla.1988). The employer has no right to diminish his contractual obligation by refusing to reimburse leave time expended by a claimant while awaiting the determination of his workers’ compensation claim. Id. at 47. However, it appears that the JCC may only consider the issue of reinstatement of a claimant’s sick leave in specific instances where statutory disability benefits are awarded. Id. at 47; see also Larke v. City of Fort Lauderdale, 568 So. 2d 58 (Fla. 1st DCA 1990) (see Judge Wentworth, concurring specially). Since payment of medical costs is not classified as a statutory disability benefit, it was improper for the JCC to reimburse claimant’s sick leave benefits. See City of Fort Lauderdale v. Abrams, 561 So. 2d 1294 (Fla. 1st DCA 1990) (JCC’s award restoring claimant’s sick leave was reversed where claimant conceded that the JCC awarded payment of only medical bills); see also Smith v. General Conference of S.D.A., 535 So. 2d 611 (Fla. 1st DCA 1988) (payments for medical services are not “compensation”).
Finally, the E/SA assert that the JCC erred in awarding penalties based on a premature filing of the notice to controvert. It is not clear what statutory basis the JCC used to order the E/SA to pay a penalty. However, since no compensation benefits were awarded, it appears tó be pursuant to section 440.19(l)(e)7, Florida Statutes (1991). Under that section, the E/SA must either pay the requested benefit or file a notice to controvert with the division “[wjithin 21 days of receipt of the acknowledged claim from the division.”
Here, claimant filed a claim for benefits on October 8,1992. The notice to controvert was filed approximately one month earlier, on September 9, 1992. Technically, the E/SA failed to comply with section 440.19 because the notice to controvert was not filed within 21 days of receiving the claim for benefits. It was filed prematurely. However, the workers’ compensation statute is designed, in part, to penalize employers who delay or fail to show an active effort to fairly or expeditiously determine them obligations. See Florida Erection Services v. McDonald, 395 So. 2d 203, 211 (Fla. 1st DCA 1981). Since the notice to controvert in this case does not appear to have delayed the claim process, we find that a penalty was not proper in this instance.
In sum, we reverse those portions of the JCC’s order reimbursing claimant’s sick leave and assessing penalties. We affirm all other aspects of the JCC’s order. BOOTH, LAWRENCE and DAVIS, JJ., concur.
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Punsky v. Clay Cnty. Sheriff's Off. & Scibal Ins. Grp., 18 So. 3d 577 (Fla. 1st DCA 2009)…on-work related event or exposure” language of Caldwell, although without reference to the state of facts that existed in the Caldwell case. See Butler v. City of Jacksonville, 980 So. 2d 1250 (Fla. 1st DCA 2008); City of West Palm Beach v. Burbaum, 632 So. 2d 145 (Fla. 1st DCA 1994); Daniels v. Div. of Retirement, 389 So. 2d 340 (Fla. 1st DCA 1980) (addressing statutory presumption, but reversing because “the Division substituted findings of fact for contrary findings of the hearing officer on subjects on wh…
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Williams v. City OF Fort Walton Beach, 691 So. 2d 580 (Fla. 1st DCA 1997)…2d 1294, 1296 (Fla. 1st DCA 1986)(claim for reinstatement of vacation and sick leave “beyond the jurisdiction of the deputy commissioner”). Appellant’s claim did not in terms seek reinstatement of any leave. Cf. City of West Palm Beach v. Burbaum, 632 So. 2d 145 (Fla. 1st DCA 1994). But the request for retroactive “full pay status,” if not a precise equivalent, bears a close resemblance. Neither restoration of leave an employee has taken, Larke, 568 So. 2d at 59; Spinelli, 490 So. 2d at 1296, nor retroactiv…
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Gold Coast Med. Grp. & Cigna Ins. Cos. v. Fasano, 634 So. 2d 325 (Fla. 1st DCA 1994)…ce to controvert was untimely under section 440.19(l)(e)7, Florida Statutes (1991). The employer/camer’s notice to controvert the compensability of the injury was filed before the claim itself. This suffices under City of West Palm Beach v. Burbaum, 632 So. 2d 145 (Fla. 1st DCA 1994). The award of penalties predicated on the supposed untimeliness of the notice to controvert must be reversed. AFFIRMED in part, REVERSED in part. ZEHMER, C.J., and KAHN and BENTON, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Erection Servs., Inc. v. Raymer McDONALD, 395 So. 2d 203 (Fla. 1st DCA 1981)
- Caldwell v. Division of Retirement, 372 So. 2d 438 (Fla. 1979)
- Marion Corr. Inst. v. Kriegel, 522 So. 2d 45 (Fla. 5th DCA 1988)
- City OF Fort Lauderdale v. Abrams, 561 So. 2d 1294 (Fla. 1st DCA 1990)
- 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)
- Larke v. City OF Fort Lauderdale, 568 So. 2d 58 (Fla. 1st DCA 1990)