ROYAL & SUNALLIANCE AND OLE MEXICAN FOODS, INC., APPELLANTS,
v.
JOSEPH J. CHAVEZ, APPELLEE
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In a workers' compensation case, the court reversed a determination awarding permanent total disability benefits because the judge applied an outdated legal test rather than the statutory "catastrophic injury" test required since 1994. The case was remanded for reconsideration under the correct legal standard.
The court reversed the award of permanent total disability benefits because the judge of compensation claims applied the pre-1994 test from Carter v. City of Venice instead of the post-1994 "catastrophic injury" test. The case was remanded for the judge to apply the correct legal standard and make findings regarding whether the claimant's injuries constitute a catastrophic injury under section 440.02(37), Florida Statutes.
[1] Permanent total disability benefits require proof of a catastrophic injury, as defined by statute, in the absence of conclusive proof of substantial earning capacity.
[2] A judge of compensation claims commits error by applying a pre-1994 legal test for permanent total disability when the controlling statute requires application of the "ca…
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“only a catastrophic injury as defined in s[ection] 440.02 shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability”
Establishes the post-1994 statutory requirement that permanent total disability benefits require a catastrophic injury finding
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Join FLexlaw to unlock all legal intelligenceThe claimant sustained work-related injuries in 1999. The judge of compensation claims determined that the claimant was permanently and totally disabl…
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WEBSTER, J.
In this workers’ compensation case, the employer and carrier seek review of a determination that claimant is permanently and totally disabled and, therefore, entitled to permanent total disability and permanent. total disability supplemental benefits. Because the judge of compensation claims used an incorrect legal test to reach that determination, we reverse.
Claimant sustained work-related injuries in 1999. Since 1994, “[ojnly a catastrophic injury as defined in s[ection] 440.02 shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability.” Ch. 93-415, §§ 20, 112, at 118, 215, Laws of Fla. (codified as § 440.15(l)(b), Fla. Stat. (1999)). See Union Camp Corp. v. Hurst, 696 So. 2d 873, 875-76 (Fla. 1st DCA 1997). The term “catastrophic injury” is defined in section 440.02(37)(a)-(f), Florida Statutes (1999). Claimant’s injuries did not qualify as “catastrophic” pursuant to paragraphs (a) through (e) of that subsection.
Accordingly, to qualify as “catastrophic” and thereby establish entitlement to permanent total disability benefits, claimant was obliged to establish that his injuries met the requirements of paragraph (f). Evidence was presented bearing on this issue.
However, the order of the judge of compensation claims includes no mention of the applicable test; no discussion of whether claimant sustained “a catastrophic injury”; and no findings on the issue. Instead, apparently having been led astray by claimant’s attorney, the judge applied the pre-1994 test set out in Carter v. City of Venice, 584 So. 2d 577 (Fla. 1st DCA 1991), and held that claimant is entitled to permanent total disability and permanent total disability supplemental benefits because he “is unable to do uninterrupted light duty work because of his physical limitations, and ... he has done an extensive job search that proved futile.” This was error. Because the judge of compensation claims applied an incorrect legal test to reach his determination that claimant is permanently and totally disabled and, therefore, entitled to permanent total disability and permanent total disability supplemental benefits, we are constrained to reverse that determination and to remand for further proceedings. On remand, the judge shall apply the “catastrophic injury” test to determine whether claimant is entitled to permanent total disability and permanent total disability supplemental benefits, and shall make findings sufficient to permit intelligent review of his decision, as required by section 440.25(4)(e), Florida Statutes.
REVERSED and REMANDED, with directions.
VAN NORTWICK and LEWIS, JJ., concur.
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Merlin Houck v. LEE Cnty. Bd. OF Cnty. Comm'rs & Gallagher Bassett Servs., Inc., 995 So. 2d 1102 (Fla. 1st DCA 2008)…t did not meet his burden of proof, and denied permanent total disability benefits. The law which governs Claimant’s entitlement to permanent total disability benefits is the law in effect on the date of accident. See Royal & Sunalliance v. Chavez, 920 So. 2d 69 (Fla. 1st DCA 2006). Section 440.15(l)(b), Florida Statutes (1995), provides that “[o]nly a catastrophic injury as defined in s. 440.02 shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disabilit…
Authorities Cited
- Union Camp Corp. & Liberty Mut. Ins. Co. v. Hurst, 696 So. 2d 873 (Fla. 1st DCA 1997)
- Carter v. City OF Venice, 584 So. 2d 577 (Fla. 1st DCA 1991)