MIMS AND THOMAS MANUFACTURING CO. AND INSURANCE COMPANY OF NORTH AMERICA, PETITIONERS,
v.
DOROTHY G. FERGUSON AND INDUSTRIAL RELATIONS COMMISSION, RESPONDENTS

Fla. | 1976-11-04
No. 48230
OVERTON, C. J., and BOYD and SUND-BERG, JJ., concur., ADKINS, J., dissents.
340 So. 2d 920 Florida Supreme Court (1976) Negative Treatment
Cited by 9 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

The Florida Supreme Court reversed the Industrial Relations Commission's decision that disability benefits for partial limb loss should be based on occupational impact and wage-earning capacity loss. The court held that under Florida's workers' compensation statute, scheduled injury benefits must be determined by physical impairment alone, not economic loss, consistent with the statutory schedule's purpose of establishing a conclusive presumption based on observed economic effects across similar cases.


Holding

The court held that scheduled injury benefits must be determined by reference to physical impairment, not the occupational or economic impact of the injury. The statutory schedule replaces factual inquiry into economic loss actually suffered, and any adjustment to account for individual variations in earnings loss must come from the Legislature, not the Commission.


Headnotes

[1] Disability benefits for a partial loss of a scheduled limb must be determined by reference to the occupational impact of the injury upon the scheduled member, not by indi…

[2] The statutory schedule for scheduled injuries creates a conclusive presumption based on the observed economic effect of such injuries in many similar cases.

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Key Quotes

“the statutory schedule replaces a factual inquiry into the economic loss actually suffered by the injured claimant”

Establishes that scheduled benefits are not based on individual economic loss but on a predetermined schedule

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Facts & Procedural History

Dorothy G. Ferguson suffered a compensable injury to her right arm. A Judge of Industrial Claims found the injury resulted in 10% impairment of physic…

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Opinion of the Court
ENGLAND, Justice.

ENGLAND, Justice.

We have before us for review an order of the Industrial Relations Commission which held with respect to so-called “scheduled injuries” under Section 440.15(3), Florida Statutes (1975), that disability benefits awarded for a partial loss of limb must be determined by reference to “the occupational impact of the injury upon the scheduled member . . . In so ruling the Commission reversed an award of benefits rendered by the Judge of Industrial Claims who had found that a compensable injury to the claimant’s right arm had resulted in a 10% impairment of physical use.1 The judge had disregarded as being irrelevant testimony that the injury had caused a 20-25% loss of wage earning capacity.

The Commission’s decision in this case recedes from a line of precedent in Commission decisions which have held that the statutory schedule replaces a factual inquiry into the economic loss actually suffered by the injured claimant. While we acknowledge the power of the Commission to interpret the workmen’s compensation statutes, the Commission in this case exceeded its authority by construing particular language in the statute to thwart the intent of the Legislature. In so doing it departed from essential requirements of the law.

Over the years this Court has said that diminished earning capacity is not a criterion for determining a compensation award in a case of “scheduled” injuries under the legislative scheme. Jewell v. Wood, 130 So. 2d 277 (Fla.1961); Magic City Bottle & Supply Co. v. Robinson, 116 So. 2d 240 (Fla.1959); Southern Bell Tel. & Tel. Co. v. Bell, 116 So. 2d 617 (Fla.1959) (dicta). None of these cases directly held that compensation for a partial loss of limb should be based on physical impairment rather than economic impact, but the opinions in each case were based on an assumption that such was the obvious meaning of the statute. While the Commission’s written order puts forth cogent policy arguments in support of its conclusion, we are not persuaded that the generally held understanding of the statute does not reflect the intent of the Legislature.

Scheduled benefits are authorized in statutes in all American jurisdictions having workmen’s compensation laws.2 As explained in Magic City, the rationale for scheduling the benefits for certain injuries is to establish a conclusive presumption based on the observed economic effect of such injuries in many similar cases.3 The statutory schedules in fact relate to the actual earning loss of all individuals suffering the same employment related injury, by basing awardable benefits on defined durations of weekly wages.

While it may be illogical to treat as comparable a lawyer’s loss of hand and a pian ist’s, insofar as this part of the workmen’s compensation law is concerned (permanent partial disabilities) any adjustment must emanate from the Legislature.

It was error for the Commission to inject individual loss of earnings into compensation awards in partial loss cases. Accordingly, the petition for the writ of certiorari is granted, the order of the Commission is quashed, and the cause is remanded with directions to reinstate the order of the judge of industrial claims.

OVERTON, C. J., and BOYD and SUND-BERG, JJ., concur. ADKINS, J., dissents.

.It was argued before the Commission that the judge of industrial claims improperly accepted expert medical evidence as conclusive on the issue of physical impairment. The Commission did not rule on the question. Our review of the order awarding benefits, however, discloses no basis to believe that all relevant evidence was not considered. The judge expressly stated: “The claimant’s testimony is not in substantial conflict with the reports of Dr. Glucroft. I accept the opinion of Dr. Glucroft regarding the employee’s permanent physical impairment.” There was no clear departure from the law regarding expert testimony. See Magic City Bottle & Supply Co. v. Robinson, 116 So. 2d 240 (Fla.1959).

. 2 A. Larson, Workmen’s Compensation Law, § 58.10, at 164 (1976).

. See also, id. at § 58.11, p. 168 (1976).


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Citator

Cited By

  • Regency INN v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982)
    …r employment assumed critical importance. Prior to the amendments, an impaired worker was compensated based upon a formula which took into account the observed economic effect of the injuries sustained. Mims And Thomas Manufacturing Co. v. Ferguson, 340 So. 2d 920 (Fla.1976). No contention is made here that the limited “impairment benefits,” Section 440.15(3)(a), are intended to serve the same purpose as the “scheduled benefits” under the old law. Under prior law, it was only when the employee sought enhanced…
  • …e’s injury occurred prior to July 1979, a finding of merger is necessary to this award of benefits which otherwise would be governed by the scheduled injury provisions of § 440.15, Florida Statutes (1977). Compare Mims & Thomas Mfg. Co. v. Ferguson, 340 So. 2d 920 (Fla.1976), and Magic City Bottle and Supply Co. v. Robinson, 116 So. 2d 240 (Fla.1959). For that purpose, we must revisit and modify the original opinion. In the original opinion, we determined that a finding of merger based on appellee’s pre-exi…
  • Prince Kennedy, Jr. v. Tyson, 382 So. 2d 820 (Fla. 1st DCA 1980)

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