POMPANO PIPELAYERS COMPANY, INC. AND HOME INDEMNITY COMPANY, PETITIONERS,
v.
SPECIAL DISABILITY FUND AND INDUSTRIAL RELATIONS COMMISSION, RESPONDENTS
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The Florida Supreme Court reviewed whether the Special Disability Fund must reimburse an employer and carrier for compensation paid to an employee with a pre-existing back condition. The Court reversed the Industrial Relations Commission's decision, holding that the Judge of Industrial Claims' factual finding that the employer had knowledge of the pre-existing condition was supported by competent substantial evidence, even though only the employee's testimony supported it.
Yes. The Court held that the employee's testimony alone constitutes competent substantial evidence to support the Judge of Industrial Claims' finding that the employer had knowledge of the pre-existing condition. The appellate court cannot superimpose its own interpretation of conflicting testimony in place of the trial judge's credibility determinations.
[1] An Industrial Relations Commission may not reverse a Judge of Industrial Claims' factual findings if those findings are supported by competent, substantial evidence.
[2] The testimony of an employee alone can constitute competent, substantial evidence to support a finding that an employer had knowledge of a pre-existing condition.
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Join FLexlaw to unlock all legal intelligence“It is elementary, and without need of citation of authorities to support, that neither this Court nor the Commission in reviewing such findings is justified in superimposing its interpretation of the facts in lieu of an equally valid one reached by the Judge of Industrial Claims sitting as the duly constituted trier of the facts.”
Establishes the standard of appellate review—trial judges' factual findings and credibility determinations must be respected on appeal.
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Join FLexlaw to unlock all legal intelligenceJames Dudley suffered a compensable back injury in 1961 and reinjured his back in 1964 while working for Pompano Pipelayers Company. The Deputy Commi…
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Claimant’s employer and carrier seek review of the Industrial Relations Commission’s reversal of the Judge of Industrial Claims’ reimbursement award from the Special Disability Fund. The Commission felt there was no competent substantial evidence to support the Judge’s finding.
The Claimant, James Dudley, injured his back in a compensable accident in 1961. His back was reinjured in 1964 while he was working for Petitioner Pompano Pipe-layers Company, Inc. The Deputy Commissioner found that he had sustained a fifty per cent permanent partial disability to his body as a whole and that the employer knew of his pre-existing back condition. An apportionment request was denied. The Full Commission affirmed.
The carrier and employer then filed this claim for reimbursement from the Special Disability Fund pursuant to Section 440.49, Florida Statutes, F.S.A. The Fund argued that the employer had not had the knowledge of the pre-existing condition required by Dorsey v. L & A Contracting Co., Fla. 1963, 155 So.2d 357. The testimony was conflicting; the foreman testified that he had not been told of the earlier injury, however, Dudley stated that the employer knew he had a bad back.
The Judge of Industrial Claims found that Dudley had advised his employer of his prior injury and he allowed sixty per cent reimbursement to the carrier and employer. The Full Commission reversed because “the only evidence that was presented at the Fund hearing to prove such knowledge by the employer was the testimony of the employee.” We must reverse the Commission.
This Court recently stated that:
“It is elementary, and without need of citation of authorities to support, that neither this Court nor the Commission in reviewing such findings is justified in superimposing its interpretation of the facts in lieu of an equally valid one reached by the Judge of Industrial Claims sitting as the duly constituted trier of the facts.” (Clayton v. Lease-Way Transportation Corp., Fla.1970, 236 So.2d 765, 766.)
The Judge of Industrial Claims in the instant case heard the testimony; his belief that Dudley notified the employer of his previous injury should be respected. His opinion must be affirmed “unless it is *234made to appear that those findings of facts are not sustained by competent, substantial evidence.” (United States Casualty Co. v. Maryland, Fla. 1951, 55 So.2d 741, 745.) The testimony of the employee is sufficient to meet this test. Any other holding would not be just, since a determination of whether an employer had knowledge of an employee’s pre-existing condition must frequently be made after the Commissioner hears conflicting, uncorroborated testimony from the employer and employee.
The order of the Industrial Relations Commission is quashed and the cause is remanded with directions to reinstate the reimbursement order of the Judge of Industrial Claims.
ROBERTS, C. J., and CARLTON, ADKINS and BOYD, JJ., concur.
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Citator
Authorities Cited
- US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)
- Clayton v. Lease-Way Transp. Corp. and/or Tropical Transp., Inc., 236 So. 2d 765 (Fla. 1970)