HDV Construction Systems, Inc. v. Aragon

66 So. 3d 331, 2011 Fla. App. LEXIS 10042, 2011 WL 2535337
CourtDistrict Court of Appeal of Florida
DecidedJune 28, 2011
DocketNo. 1D10-6401
StatusPublished

This text of 66 So. 3d 331 (HDV Construction Systems, Inc. v. Aragon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
HDV Construction Systems, Inc. v. Aragon, 66 So. 3d 331, 2011 Fla. App. LEXIS 10042, 2011 WL 2535337 (Fla. Ct. App. 2011).

Opinion

PER CURIAM.

In this workers’ compensation case, the Judge of Compensation Claims (JCC) found that the Employer knew or should have known that Claimant (its employee), an illegal immigrant from Mexico, was without the legal right to work in the United States. The JCC further found that notwithstanding this knowledge, the Employer hired and continued to unlawfully employ Claimant, until he was injured in a significant workplace accident. After Claimant suffered injury, the Employer and its workers’ compensation carrier (collectively the E/C) attempted to assert, as a defensive matter, Claimant’s illegal status so as to defeat a claim for permanent total disability (PTD) benefits. The JCC concluded, based on the authority of Cenvill Development Corp. v. Candelo, 478 So.2d 1168 (Fla. 1st DCA 1985), that, because the Employer knew or should have known of Claimant’s illegal status prior to his injury, but continued his employment nonetheless, the E/C was precluded from using Claimant’s illegal status as a defensive measure — requiring the E/C to respond to the disability imposed by Claimant’s significant and objectively demonstrated work-related injuries and physical restrictions, and his vocational limitations which include, but are not limited to, his unauthorized work status.

On appeal, the E/C argues that Claimant’s illegal status should defeat Claimant’s entitlement to permanent total disability (PTD) benefits. Because we conclude that the JCC properly applied this court’s precedent in Cándelo and, further, because competent substantial evidence supports the JCC’s finding that Claimant is permanently and totally disabled based on the combined effect of his physical injuries and restrictions and his vocational impediments, we affirm the award of permanent total disability (PTD) benefits.

By way of cross-appeal, Claimant challenges the JCC’s conclusion that he was legally prohibited from awarding PTD benefits on a continuing basis and for periods following the merit hearing. Because a JCC may award continuing PTD benefits, we reverse the JCC’s denial of PTD benefits for periods following the date of merit hearing, and remand for additional proceedings.

Facts

Claimant, while working for the Employer as a framer, fell from a height of thirty feet, suffering multiple complex fractures to his left foot and forearm. After receiving extensive medical treatment, including the implantation of a spinal cord stimulator, Claimant was determined to have permanent injuries, including an objective diagnosis of complex regional pain syndrome in the left foot accompanied by constant pain, nerve injury, and discoloration. As a result of these injuries, Claimant has been permanently restricted to sedentary work only, a strength level that [333]*333prohibits Claimant from performing any of his pre-injury occupations (farm, construction, and manufacturing work). Claimant, in addition to not possessing proper documentation that would allow him to work legally in the United States, has no driver’s license, a limited education, an inability to speak, read, or write in English, and no transferable skills which would assist him in obtaining lighter employment.

Claimant filed a claim for PTD benefits, which the E/C denied on the basis that Claimant was physically capable of sedentary work, and was unemployable only because of his illegal status. Claimant, relying on the authority of Cándelo, sought to prove that, because the Employer knew or should have known his illegal status at all relevant times, it was precluded from asserting this fact as a shield from liability. The JCC, sufficiently convinced by the evidence demonstrating as much, found that the Employer knew or should have known Claimant’s illegal status and unlawfully employed him nonetheless. Based on expert vocational testimony introduced by the E/C, the JCC found that Claimant’s physical injuries, when combined with Claimant’s vocational impediments (including his illegal status — which, the JCC concluded on the authority and rationale of Cándelo, could not be discounted) rendered him permanently and totally disabled, and unable to engage in even sedentary employment within a fifty-mile radius of his residence. Based on these findings and conclusions, the JCC awarded PTD benefits, but only through the date of merit hearing, because the JCC concluded that he was legally prohibited from awarding PTD benefits on a “continuing basis.” This appeal and cross appeal follow.

Cándelo

Although there is no shortage of debate that can be had on the issue of illegal labor and its effect on our state, there is no dispute that the Florida Legislature has expressed an unyielding, textual intent that aliens, including those who are illegal and unlawfully employed, be covered and compensated under the Florida Workers’ Compensation Law. See § 440.02(15)(a), Fla. Stat. (2007) (defining “employee” to include any person who receives remuneration from an employer, including aliens, whether “lawfully or unlawfully employed”); see also Safeharbor Employer Servs., Inc. v. Velazquez, 860 So.2d 984 (Fla. 1st DCA 2003) (“Therefore, we conclude that the Florida legislature’s right to enact workers’ compensation benefits for illegal aliens is not preempted by federal action.”). Indeed, the purpose of workers’ compensation law is to place on industry, rather than the general taxpaying public, the expense incident to the hazards created by industry. Gore v. Lee County Sch. Bd., 43 So.3d 846, 849 (Fla. 1st DCA 2010) (explaining workers’ compensation legislation is designed to relieve society in general of expenses created by industry). Moreover, because the employer stands to benefit and profit from its employment of labor, and further is in the best position to avoid the risk of loss, the courts have uniformly recognized the impropriety of foisting on society the costs of a “broken body” and “diminished income” created by industry. Mobile Elevator Co. v. White, 39 So.2d 799, 800 (Fla.1949).

Accordingly, the Florida Legislature has long recognized that although the employment of illegal aliens is prohibited by federal and state law, violation of these laws is an unfortunate reality, and the cost of injuries sustained by unlawful workers, being no less real than those suffered by lawful workers, should be borne by the industry giving rise to the risk (and best positioned to avoid the loss), not the general taxpaying public. In the instance of [334]*334employers that employ illegal workers, this court has held that such an employer is precluded from asserting the status of an illegal alien as a defensive matter so as to avoid liability for disability benefits otherwise due only when the employer “knew or should have known of the true status of the employee.” Candelo, 478 So.2d at 1170 (“This holding prevents unauthorized aliens from suffering at the hands of an employer who would knowingly hire the alien and then conveniently use the unauthorized alien status to avoid paying wage loss benefits.”). The holding in Cándelo, in addition to being binding authority on this court, advances the principle that an entity that knowingly employs unlawful labor should not be able to shirk the cost of the injuries it creates — and in turn, shift the cost of the damages that it has knowingly created on the taxpaying public— ultimately placing it in a unfairly superior financial position to those employers who operate lawfully. Accordingly, here, we find no error in the JCC’s application of Cándelo

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Related

Safeharbor Employer Services I, Inc. v. Velazquez
860 So. 2d 984 (District Court of Appeal of Florida, 2003)
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16 So. 3d 200 (District Court of Appeal of Florida, 2009)
FLORIDA GAME & FRESH WATER FISH COM'N v. Driggers
65 So. 2d 723 (Supreme Court of Florida, 1953)
Cenvill Development Corp. v. Candelo
478 So. 2d 1168 (District Court of Appeal of Florida, 1985)
Gore v. Lee County School Board
43 So. 3d 846 (District Court of Appeal of Florida, 2010)
Mobile Elevator Co. v. White
39 So. 2d 799 (Supreme Court of Florida, 1949)
Blake v. Merck & Co.
43 So. 3d 882 (District Court of Appeal of Florida, 2010)
Myers v. Hillsborough County School Board
982 So. 2d 735 (District Court of Appeal of Florida, 2008)
Temples v. WDW Hospitality & Recreation Corp.
993 So. 2d 63 (District Court of Appeal of Florida, 2008)

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Bluebook (online)
66 So. 3d 331, 2011 Fla. App. LEXIS 10042, 2011 WL 2535337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hdv-construction-systems-inc-v-aragon-fladistctapp-2011.