WINN DIXIE STORES AND CRAWFORD & COMPANY, APPELLANTS,
v.
RICHARD A. LANG, APPELLEE

Fla. 1st DCA | 1996-04-16
No. 95-1782
KAHN and DAVIS, JJ., concur.
673 So. 2d 497 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 2 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

Winn Dixie Stores and Crawford & Company appeal a workers' compensation order awarding ongoing medical benefits for the claimant's diabetic condition. The court reverses in part, finding that the judge's sanction of striking the employer/carrier's defenses regarding the diabetes claim was too severe, while affirming the award of interest on hospital bills.


Holding

The court holds that the sanction of striking the employer/carrier's defenses was too severe under the circumstances and must be reversed and remanded to allow the employer/carrier to present evidence relating to its preexisting and personal defenses. The court affirms the award of interest on the hospital bills, which is supported by competent, substantial evidence.


Headnotes

[1] Striking a party's defenses as a sanction for discovery violations is an abuse of discretion when the record does not reflect willful disregard or excusable neglect, and…

[2] A Judge of Compensation Claims' imposition of a sanction striking defenses, even if later withdrawn, can cause prejudicial confusion in the presentation of a party's case…

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

Key Quotes

“The record does not reflect that the E/C's omission was due either to willful disregard or to excusable neglect. Nor does it reflect that the claimant made any effort to obtain the E/C's prior compliance with the JCC's instructions.”

Establishes the factual basis for finding the sanction was inappropriate, as the violation was neither willful nor due to neglect.

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

The claimant suffered a right leg injury and was hospitalized, during which his diabetic condition required treatment. Eight months before the claiman…

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
SHIVERS, Senior Judge.

SHIVERS, Senior Judge.

Winn Dixie Store and Crawford & Company (collectively, the “E/C”) appeal a workers’ compensation order awarding ongoing medical benefits for claimant’s diabetic condition and interest on certain hospital bills.

On appeal, the E/C does not contest its obligation to pay for treatment of claimant’s diabetic condition during the hospitalization related to his right leg injury.

However, it does contest the Judge of Compensation Claims’ award of such benefits following the claimant’s recovery from his leg injury. Relative to that award, the record reflects that, upon claimant’s motion (filed after the close of his case), the Judge of Compensation Claims (“JCC”) struck the E/C’s defenses that the claimant’s diabetic condition was “personal” and “preexisting.” Finding that the sanction which the JCC imposed was too harsh under the circumstances, we reverse, in part.

In a pretrial stipulation filed eight months prior to the date of claimant’s motion to strike, the claimant had raised, for the JCC’s determination, the issue of whether his diabetic condition was causally related to the industrial accident.

Pursuant to instructions given by the JCC at the pretrial conference, the E/C had been required to provide a supplemental letter within 30 days indicating its position vis-a-vis the diabetes issue. At hearing on the motion to strike, the E/C’s counsel was unable to produce a copy of the letter.

The record does not reflect that the E/C’s omission was due either to willful disregard or to excusable neglect. Nor does it reflect that the claimant made any effort to obtain the E/C’s prior compliance with the JCC’s instructions.

Nonetheless, the E/C’s defenses were stricken due to its failure to provide the letter. Later — after the E/C had closed its case — the JCC indicated that he had, in fact, considered the originally-stricken defenses in rendering his final decision.

Under these circumstances, we find that the sanction imposed by the JCC was too severe. Cf. Horizon Healthcare v. Murphy, 660 So. 2d 1065 (Fla. 1st DCA 1995) (where employer’s attorney deliberately ignored the JCC’s order requiring timely cross-filings of memoranda, JCC was authorized to strike the E/C’s defenses pursuant to Fla.R.Work. Comp.P. 4.150; however, sanction was too severe in light of fact that employer’s theory of defense did not change, even if he had the benefit of reading claimant’s memorandum prior to filing his own); Bee Gee Shrimp, Inc. v. Carreras, 516 So. 2d 1121 (Fla. 1st DCA 1987) (imposition of sanction striking E/Cs defenses for failure to attend pretrial conference constituted abuse of discretion in absence of showing that E/C arbitrarily or wilfully disobeyed deputy commissioner’s order).

But cf. Holiday Inn v. Re, 643 So. 2d 13 (Fla. 1st DCA 1994) (exclusion of surveillance videotape upheld where record supported finding of E/C’s willful violation of discovery rules in failing to offer tape to claimant’s attorney until October, 1992, even though tape was available and had been requested in May of 1992, and had already been provided by E/C for viewing by claimant’s treating physician).

Even though the sanction was subsequently withdrawn, the JCC’s actions in this regard appear to have caused prejudicial confusion in the presentation of the E/C’s case as it related to the diabetes issue.

On the issue of the Parkway Hospital bills, the record reflects competent, substantial evidence supporting the JCC’s award of interest on those bills. Accordingly, the order under review is AFFIRMED, in part, as to the JCC’s award of interest on the hospital bills. It is REVERSED and REMANDED in part for further proceedings, including but not limited to allowing the E/C to present evidence relating to its “preexisting” and “personal” defenses.

KAHN and DAVIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Frix v. ALL State Ins. & ITT Specialty Risk, 854 So. 2d 258 (Fla. 1st DCA 2003)
    …isdiction to impose sanctions for a late payment of a settlement reached pursuant to such section. See Fla. R. Work. Comp. P. 4.150. However, sanctions under this rule can be implemented only upon a showing of willfulness. Winn Dixie Stores v. Lang, 673 So. 2d 497 (Fla. 1st DCA 1996); Horizon Healthcare v. Murphy, 660 So. 2d 1065 (Fla. 1st DCA 1995); Hanna v. Indus. Labor Serv., Inc., 636 So. 2d 773 (Fla. 1st DCA 1994). Here, the JCC, as an alternate basis for denial of Appellant’s motion for sanctions, fou…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw