CITY OF VENICE AND PGCS, APPELLANTS,
v.
MICHAEL VAN DYKE, APPELLEE

Fla. 1st DCA | 2010-10-07
No. 1D10-1250
BENTON, THOMAS, and ROWE, JJ„ concur.
46 So. 3d 115 Florida District Court of Appeal, First District (2010) Caution
Cited by 3 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

A workers' compensation case where the employer/carrier challenged the Judge of Compensation Claims' finding that the claimant's thoracic aortic disease qualifies as compensable "heart disease" under Florida Statutes § 112.18(1). The First District Court of Appeal affirmed, holding that aortic disease constitutes heart disease because the ascending aorta is a structure of the heart and the claimant underwent surgery involving the aortic valve.


Holding

The court held that thoracic aortic disease constitutes heart disease because the ascending aorta is a structure of the heart and the medical definition of "heart disease" encompasses organic, mechanical, or functional abnormalities of the heart, its structures, or coronary arteries. The court also struck findings regarding hypertension because the claimant did not file a claim for that condition.


Headnotes

[1] Thoracic aortic disease requiring open heart surgery, including aortic valve and ascending aorta repair, can be classified as heart disease for workers' compensation purp…

[2] The plain and ordinary meaning of statutory language, when not defined by the legislature, can be ascertained by reference to a dictionary.

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Key Quotes

“"Heart disease," although not defined by the Legislature, is defined by Dorland's Illustrated Medical Dictionary (29th ed.), as "any organic, mechanical, or functional abnormality of the heart, its structures, or the coronary arteries."”

Establishes the dictionary definition of heart disease used to interpret the statutory term, which includes the heart's structures such as the aorta.

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Facts & Procedural History

The claimant, a firefighter, developed thoracic aortic disease and underwent open heart surgery including heart catheterization, re-implantation of th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In this workers’ compensation case, the employer/carrier (E/C) argues the Judge of Compensation Claims (JCC) erred in finding Claimant’s thoracic aortic disease compensable under section 112.18(1), Florida Statutes (2007), because the condition is not “heart disease.” Contrary to the E/C’s assertions and arguments, the evidence in this case demonstrates that Claimant, as a result of his aortic disease, underwent open heart surgery, including heart catheterization, re-implantation of the aortic valve, replacement of the ascending aorta, and reattachment of the coronary arteries. Moreover, Claimant’s independent medical examiner, a cardiologist, testified the condition in question qualifies as heart disease. The E/C argues, however, because the ascend*116ing aorta is not “in the heart,” it cannot be considered heart disease under any available definition. One of the most fundamental tenets of statutory construction requires that the courts give statutory language its plain and ordinary meaning, unless words are defined in the statute or by the clear intent of the Legislature. Reform Party of Fla. v. Black, 885 So.2d 303, 312 (Fla.2004). When necessary, the plain and ordinary meaning of words can be ascertained by reference to a dictionary. Id.

“Heart disease,” although not defined by the Legislature, is defined by Dorland’s Illustrated Medical Dictionary1 (29th ed.), as “any organic, mechanical, or functional abnormality of the heart, its structures, or the coronary arteries.” The ascending aorta is one of the structures of the heart. See Dorland’s Illustrated Med. Dictionary 791 (29th ed. 2003). Moreover, here, Claimant underwent re-implantation of the aortic valve, which is one of the four major valves of the heart. See Id. at 790. The 1996 Florida Uniform Permanent Impairment Rating Schedule (enacted pursuant to section 440.15(3)(b)) provides for a rating for “Valvular Heart Disease.” See 1996 Fla. Uniform Permanent Impairment Rating Schedule, p. 76 (Valvular Heart Disease). Accordingly, although under a different set of facts this court might be called upon to provide a more exacting definition of “heart disease,” to exclude conditions which are not properly designated as such, here, it is clear that Claimant’s aortic disease is a condition which can reasonably be classified as heart disease, and competent substantial evidence in the record supports the JCC’s findings in this regard. Moreover, because the E/C does not present a cognizable legal basis for reversal, other than anecdotally arguing the positional, and prepositional, relationship of Claimant’s condition to his “actual heart,” we affirm the JCC’s finding that Claimant’s thoracic aortic disease is compensable.

In its second point on appeal, the E/C argues the JCC erred by denying “without prejudice” the compensability of Claimant’s hypertension, and urges that the denial should be with prejudice. Here, Claimant did not file a claim for compensa-bility of hypertension, and in closing argument (before the JCC) specifically disavowed any such claim. Accordingly, we strike from the order any findings and conclusions regarding the compensability of Claimant’s hypertension. See generally Lawrence v. Aquarius Sales & Serv., Inc., 30 So.3d 690 (Fla. 1st DCA 2010) (modifying order by striking JCC’s findings on issue not pled below, and affirming as modified).

The order is hereby AFFIRMED as modified.

BENTON, THOMAS, and ROWE, JJ„ concur.


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Citator

Cited By

  • HIT Promotional Prods. Inc. v. Sakiba Krivdic, 84 So. 3d 1234 (Fla. 1st DCA 2012)
    …. The E/C also argues that the JCC made a de facto finding that Claimant’s injuries were compensable. Because that issue was not before the JCC, we strike from the order the phrase “work-related” in paragraph eight. See City of Venice v. Van Dyke, 46 So. 3d 115, 116 (Fla. 1st DCA 2010) (striking findings addressing com-pensability of claimant’s hypertension because there was no pending claim for same). The order is AFFIRMED as modified. WOLF, RAY, and MAKAR, JJ., concur.…
  • …3 The employer also takes issue with the JCC’s conclusion that it failed to meet its burden of proof to rebut the presumption. Given our disposition here on the employer’s “heart disease” argument, we do not need to reach the proof issue. Van Dyke, 46 So. 3d 115 (Fla. 1st DCA 2010), in which the panel surmised that “the ascending aorta is one of the structures of the heart,” based on a diagram labeled “Structures of the Heart” from the 29th edition of DORLAND’S ILLUSTRATED MEDICAL DICTIONARY. Based on that…
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