Chaffee v. Miami Transfer Company, Inc.

288 So. 2d 209, 1974 Fla. LEXIS 4511
CourtSupreme Court of Florida
DecidedJanuary 9, 1974
Docket43568
StatusPublished
Cited by62 cases

This text of 288 So. 2d 209 (Chaffee v. Miami Transfer Company, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaffee v. Miami Transfer Company, Inc., 288 So. 2d 209, 1974 Fla. LEXIS 4511 (Fla. 1974).

Opinion

288 So.2d 209 (1974)

William H. CHAFFEE, Petitioner,
v.
MIAMI TRANSFER COMPANY, INC., et al., Respondents.

No. 43568.

Supreme Court of Florida.

January 9, 1974.

*210 C.E. Miller of Miller & Byrne, Orlando, for petitioner.

Monroe E. McDonald of Sanders, McEwan, Mims & McDonald, Orlando, for respondents.

DEKLE, Justice.

We review this cause upon petition for writ of certiorari directed to the Industrial Relations Commission, the petitioning claimant asserting that the Commission erred in that:

(1) it was held that there was not a "merger" between claimant's pre-existing disabled left hand and the disability caused to his right hand by a compensable accident;
*211 (2) the Commission erroneously substituted its conclusions for those reached by the JIC;
(3) there was competent substantial evidence that claimant sustained a permanent impairment of his wage earning capacity;
(4) claimant's change of employment was because of the disability suffered by way of the compensable accident; and
(5) the IRC erroneously dismissed the claim in full where certain awards to the claimant which had not been paid were not appealed.

Claimant is a 66-year-old heavy equipment mechanic with a high school education, who lost the thumb and index finger of his left hand many years ago. Despite this impairment, claimant was able to function as a heavy equipment mechanic for many years prior to the industrial injury here. Although he was unable to start a nut or bolt with the left hand, he testified that he could hold large objects with this hand and do detail work with it. On April 20, 1968, claimant caught his right hand in a machine on the employer's premises, resulting in fractures of portions of the ring and middle fingers on his right hand. Claimant was treated by Dr. Carducci, who performed surgery on claimant on two separate occasions. The claimant developed a contracture band in his right palm, known as Dupuytren's Contracture, but the compensable injury to this hand did not cause this, although there was testimony that the injury brought about the "proliferative phase" of the contracture. Dr. Carducci testified that claimant had reached maximum medical improvement on July 3, 1968, and that claimant had a 15% permanent partial disability of the middle finger of the right hand and a 15% permanent partial disability of the ring finger of this right hand. Claimant later underwent an operation in Michigan to relieve the contracture problem, which was apparently successful.

After recovering from the injury, claimant returned to work for his former employer at no reduced earnings and continued to work there for some period. Following the accident, claimant was given a helper and did more supervisory work than he had previously done. On one occasion a generator slipped from his hand, but claimant did not have any problems with the employer and could have maintained his employment there indefinitely, according to the testimony. Nonetheless, claimant left this position and went to Michigan. The reason for his leaving the position is in dispute, the employer contending that claimant intended to retire, while claimant asserts that he left the position because he was unable to do the work. After returning to Michigan, claimant secured work in a mainly supervisory capacity at a salary in excess of that which he had been receiving prior to his injury; he quit that job because he felt that he was not doing it properly, was dropping tools, and was unable to help the other men in the shop. At the time of the hearing, claimant was working in Michigan for his son-in-law picking up parts for a body shop and keeping the shop clean, at a salary of $35 per week. In addition, claimant was furnished living quarters, the fair value of which was $100 per month, for cleaning up his son-in-law's bar. Additionally, he was drawing social security benefits in the approximate amount of $184 per month and his wife was drawing about $68 per month in social security. The total income was in excess of his income prior to the accident in question. At the hearing, claimant testified that he now considered himself retired, and that he hadn't looked for any other work, in that he just wanted to supplement his social security payments.

At the hearing, Dr. Carducci converted the disability rating of the two fingers to a rating of 12% permanent partial disability of the right hand, over objection of the employer. Dr. Carducci then, again over the objection of the employer, rated the claimant's disability of "the body as a *212 whole" by considering both the 12% rating of the right hand and his rating of 65% permanent partial disability of the left hand. He thereupon concluded that claimant had sustained a 40% permanent partial disability of the body as a whole. The Judge of Industrial Claims accepted the disability ratings of both hands, found that the injury had "merged" with the prior disability of the left hand to cause disability materially and substantially greater than would have resulted from the industrial accident in question when considered alone, and found a 40% permanent partial disability of the body as a whole on the basis of physical functioning; the Judge then took into account such other factors as the claimant's age, educational background, industrial history and actual wage earnings subsequent to the loss, and concluded that claimant had sustained a 50% permanent partial disability based upon loss of wage earning capacity as a result of the industrial accident in question. As noted above, the IRC reversed the Judge's order and dismissed the claim in toto.

The following questions are raised for our determination:

(1) Whether the IRC erroneously dismissed the claim in toto where certain awards had not been appealed nor fully paid prior to the Commission's order?
(2) Whether the Judge erred as a matter of law in holding that there was a merger between the pre-existing disability of the left hand and the injury to the right hand?
(3) Whether there was competent substantial evidence to support the award of compensation for loss of wage earning capacity in view of the fact that claimant's combined income at the time of the hearing was greater than that prior to the accident and in view of the claimant's semi-retired status?

As to the first question, it is clear that the IRC erred in dismissing the claim in toto where the portions of the Judge's order awarding travel reimbursement, an attorney's fee and additional permanent disability benefits for the disability to the injured right hand of the claimant were not appealed to the Industrial Relations Commission. Perhaps the Commission did not intend that its dismissal "in toto" include the unappealed matters, but in any event claimant is entitled to receive these benefits which had not been paid as of the time the case was argued before this Court. Matters not raised in the application for review cannot properly be considered by the IRC. Wesley's Inc. v. Caramello, 156 So.2d 853 (Fla. 1963).

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288 So. 2d 209, 1974 Fla. LEXIS 4511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaffee-v-miami-transfer-company-inc-fla-1974.