Kilyn Construction, Inc./ FRSA SIF v. Dedrick Pierce

200 So. 3d 259, 2016 Fla. App. LEXIS 14759, 2016 WL 5747921
CourtDistrict Court of Appeal of Florida
DecidedOctober 4, 2016
Docket1D15-5851
StatusPublished

This text of 200 So. 3d 259 (Kilyn Construction, Inc./ FRSA SIF v. Dedrick Pierce) 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
Kilyn Construction, Inc./ FRSA SIF v. Dedrick Pierce, 200 So. 3d 259, 2016 Fla. App. LEXIS 14759, 2016 WL 5747921 (Fla. Ct. App. 2016).

Opinion

PER CURIAM.

In this workers’ compensation appeal, Kilyn Construction, Inc., and its insurer (collectively, the “Employer”) challenge *261 the Judge of Compensation Claims’ (JCC’s) award of specific handicap-accessible housing and automobile insurance. We agree with the Employer that the aw;ard was not justified, and we reverse.

I.

After falling from a roof in 2012, Claimant Dedrick Pierce was left confined to a wheelchair, paralyzed below the waist. Earlier litigation — not at issue here — established that the Employer is responsible for providing Pierce handicap-accessible housing and a handicap-accessible van. The Employer purchased Pierce a van and paid the cost of his handicap-accessible apartment (less the cost of his pre-accident housing). For a while, everything was fine. But then Pierce lost his apartment and struggled to find a new arrangement. The Employer offered little or no help, and Pierce eventually found a new home that was substantially more expensive than his earlier one. Pierce also procured a new insurance policy for his van — again, with no help from the Employer.

II.

The current dispute began in May 2015, when Pierce filed a petition for benefits seeking $17,250 for housing. This amount represented six months’ prepayment for his proposed new home ($8,500 per month), less $3,750, the six-month value of his pre-accident apartment. Attached to his petition was a signed “Rental and Purchase Agreement” for the proposed new home — a four-bedroom house on approximately four acres of land near the water. The Employer denied the claim, contending res judicata barred the award and that the Employer had provided all the housing benefits due.

Pierce filed a second petition for benefits in August 2015, seeking $4,464 for van insurance. The Employer responded that it would pay a reasonable amount for insurance, but that $4,464 was unreasonable. (The Employer asserted later that a reasonable policy would cost less than $800.)

The JCC ruled in Pierce’s favor on both the housing and the insurance, relying heavily on the Employer’s failure to assist Pierce:

Because the Carrier took no action, I find the Claimant reasonably acted on his own behalf. Simply stated, the evidence before this Court is devoid of any credible evidence that the Carrier has provided any assistance, much less meaningful or purposeful assistance, to this Claimant to provide handicap-accessible housing, once they were aware of Claimant’s situation as clearly outlined in the letters from his attorney.
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Regarding Claimant’s claim for auto insurance, this is another example of the [Employer’s] failure to act, despite being requested by Claimant to assist.

The JCC ordered the Employer to pay $17,250 for rent and $4,464 for insurance. That led to this appeal.

III.

A.

The Employer first argues that res judicata precludes Pierce’s housing claim. In earlier litigation, Pierce sought an award sufficient to rent a three-bedroom apartment instead of the two-bedroom apartment the Employer previously provided. Pierce lost on that earlier claim after the JCC found Pierce could not explain why he needed the upgrade. In that November 2014 order, the JCC relied on Ramada Inn South Airport v. Lamoureux, 565 So.2d 376, 377 (Fla. 1st DCA 1990), and explained that “as set forth in this Court’s prior merits order, the [Employer] is obligated to provide handicap- *262 accessible housing to [Pierce]; however, the extent of that obligation requires the [Employer] only to pay the difference in rent between [Pierce’s] apartment at the time of the accident and his handicap-accessible apartment.” Pierce did not appeal that order.

In this appeal, the Employer argues that the November 2014 order resolves Pierce’s claim here. In the Employer’s view, the extent of its monthly obligation was established earlier, and Pierce’s failure to appeal bars his claim now.

We review a . JCC’s ruling on res judicata de novo. See O’Connor v. N. Okaloosa Med. Ctr., 152 So.3d 843, 844 (Fla. 1st DCA 2014).

The piecemeal nature of workers’ compensation does not preclude application of res judicata. However, this principle only applies when the elements of res judicata are present and the doctrine properly applied.... The determining factor in deciding whether the cause of action is the same is whether the facts or evidence necessary to maintain the suit are the same in both actions.

Smith v. Time Customer Serv., 132 So.3d 841, 843-44 (Fla. 1st DCA 2013).

Here, the operative facts in 2015 differed from the. operative facts in November of 2014. It is undisputed that Pierce’s earlier housing became unavailable, and there was never any guarantee that the monthly amount associated with the earlier award would be forever sufficient to provide adequate housing. Nevertheless, the Employer had a continuing obligation to provide handicap-accessible housing. Because the facts and evidence did change, the JCC correctly rejected the Employer’s res judicata defense. We therefore turn to the Employer’s alternative claim.

B.

The' Employer argues that—res ju-dicata aside—the JCC lacked a basis for entering the housing award. We review a JCC’s award of one housing alternative over another for an abuse of discretion, but we review a JCC’s fact findings justifying an award for competent substantial evidence. See Peace River Elec. Corp. v. Choate, 417 So.2d 831, 831 (Fla. 1st DCA 1982) (concluding JCC did not abuse discretion in awarding claimant modular home versus remodeling claimant’s existing residence because it was “patently clear from the record ... that nothing short of bulldozing the dwelling would serve to remedy the situation”).

Here, the JCC found that Pierce acted reasonably in securing the four-bedroom house on acreage because the Employer failed to assist Pierce in finding any other place. But the Employer’s failure to act does not necessarily make Pierce’s proposal a reasonable one, and the JCC’s order did not make factual findings to support her conclusion that Pierce acted reasonably. See Garcia v. Fence Masters, Inc., 16 So.3d 200, 201 (Fla. 1st DCA 2009) (reversing because without findings it was not clear whether JCC employed correct legal standard in denying benefits). More to the point, the JCC provided no explanation why Pierce’s move from a two-bedroom apartment costing around $1,000 per month to a four-bedroom home costing more than three times that much was reasonable. Regardless of whether the Employer fell short in its obligations, the benefits sought—and more importantly, awarded—must be consistent with section 440.13, Florida Statutes (2012), and this court’s prior decisions. See Fitzgerald v. Osceola Cty. Sch. Bd., 974 So.2d 1161, 1164 (Fla. 1st DCA 2008) (“Claimant bore the burden over the course of the proceedings *263

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Related

Garcia v. Fence Masters, Inc.
16 So. 3d 200 (District Court of Appeal of Florida, 2009)
POLK COUNTY BD. OF COM'RS v. Varnado
576 So. 2d 833 (District Court of Appeal of Florida, 1991)
Timothy Bowser Const. Co. v. Kowalski
605 So. 2d 885 (District Court of Appeal of Florida, 1992)
Fitzgerald v. Osceola County School Bd.
974 So. 2d 1161 (District Court of Appeal of Florida, 2008)
Peace River Elec. Corp. v. Choate
417 So. 2d 831 (District Court of Appeal of Florida, 1982)
Ramada Inn South Airport v. Lamoureux
565 So. 2d 376 (District Court of Appeal of Florida, 1990)
Deborah O'Connor v. North Okaloosa Medical Center
152 So. 3d 843 (District Court of Appeal of Florida, 2014)
Smith v. Time Customer Services
132 So. 3d 841 (District Court of Appeal of Florida, 2013)

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Bluebook (online)
200 So. 3d 259, 2016 Fla. App. LEXIS 14759, 2016 WL 5747921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilyn-construction-inc-frsa-sif-v-dedrick-pierce-fladistctapp-2016.