CRUZ MARTINEZ, PETITIONER,
v.
ROBERT WEBER CONSTRUCTION CO., PROVIDENCE WASHINGTON INSURANCE COMPANY AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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.
Cruz Martinez, a carpenter injured at work, petitioned the Florida Supreme Court to review the Industrial Commission's reversal of a Deputy Commissioner's award of workers' compensation benefits for wage loss due to post-concussion syndrome. The Court found substantial evidence supported the Deputy's determination that Martinez suffered an impairment of wage-earning capacity when noise from construction equipment exacerbated his head injuries, forcing him to seek lower-paying employment in a quieter environment.
The Court held that the Deputy Commissioner's award of benefits was supported by adequate findings of fact and competent substantial evidence. The claimant's post-concussion condition, exacerbated by workplace noise, impaired his wage-earning capacity and justified compensation for the wage loss incurred when he transferred to quieter employment.
“The Deputy's order contains adequate findings of fact that are supported by competent substantial evidence which accords with logic and reason.”
Establishes the standard for reviewing Deputy Commissioner decisions and the sufficiency of evidence supporting the wage loss award.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMartinez, a carpenter earning $148/week, sustained a compensable head injury from a falling metal pipe at a construction site. He was hospitalized and…
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.
Explore caselaw by topic → Browse Workmen'S Compensation Benefits cases and more on FLexlaw
A petition for certiorari filed by Cruz Martinez, the claimant, asking us to review an order of the Florida Industrial Commission reversing an order of a Deputy Commissioner awarding claimant certain workmen’s compensation benefits has been heard on oral argument and the record studied. We find no basis for sustaining the Full Commission’s order. The Deputy’s order contains adequate findings of fact that are supported by competent substantial evidence which accords with logic and reason.
*646The claimant, a car-p.enter, was at work on a construction project when he sustained a compensable injury by being struck on the head by a falling metal pipe. He was hospitalized ■ and given medical treatment for a concussion and post-concussion syndrome. He has headaches and feels pressure in his head as a result of the accident and is continuing to receive treatment. At the time of his injury his weekly wage was $148.00.
When claimant returned to his employment with the Respondent employer, his headaches increased in intensity due to loud noises from construction equipment used on the project. Because of this he had to terminate such employment and secure employment with another contractor at reduced wages. The type of work is essentially the same on both jobs; however, the environment of his new job is relatively free of loud noises and his headaches are greatly minimized. Except for the headaches caused by loud noises, it appears that claimant would not have quit his job with the Respondent employer and secured another, quieter job at reduced wages. His average weekly wage in his new job is $110.00.
The foregoing facts are not in serious dispute and support the Deputy’s findings and conclusion with respect to the claimant’s impairment of his wage earning capacity. The Deputy’s order meets the essential requirements of law set forth in United States Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla.1951).
Accordingly, the order of the Full Commission is quashed with directions that the order of the Deputy Commissioner be reinstated.
It is so ordered.
THORNAL, C. J., and THOMAS, DREW and HOBSON (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Plantation Constr. Co. & Mich. Mut. Ins. Co. v. Terence Ayers, 385 So. 2d 1138 (Fla. 1st DCA 1980)…e likelihood of a further recurrence of bacteria-caused ear infections, if claimant continues to dive, may be classified as a “physical impairment.” Appellee’s attempt to find support for this conclusion in Martinez v. Robert Weber Construction Co., 181 So. 2d 645 (Fla.1966), is unavailing. In Martinez, a carpenter who suffered a head injury was required to accept a job at lower wages in order to avoid headaches produced by loud noises from construction equipment being used at his regular employment sites. Ho…
-
OBS Co., Inc. v. Freeney, 475 So. 2d 947 (Fla. 1st DCA 1985)…ect prior to institution of the wage loss concept, the claimant herein would have a permanent impairment of his wage earning capacity and would be entitled to permanent partial disability benefits. See, Martinez v. Robert Weber Construction Company, 181 So. 2d 645 (Fla.1966), and Plantation Construction Company v. Ayers, 385 So. 2d 1138 (Fla. 1st D.C.A. 1980). However, under the Wage Loss law that was in effect at the time of the accident herein, in order to be eligible for wage loss benefits, an injured wor…
Authorities Cited
- US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)