Steel Dynamics Inc.-New Millennium v. Markham

46 So. 3d 641, 2010 Fla. App. LEXIS 16153, 2010 WL 4157257
CourtDistrict Court of Appeal of Florida
DecidedOctober 25, 2010
DocketNo. 1D10-3279
StatusPublished
Cited by3 cases

This text of 46 So. 3d 641 (Steel Dynamics Inc.-New Millennium v. Markham) 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
Steel Dynamics Inc.-New Millennium v. Markham, 46 So. 3d 641, 2010 Fla. App. LEXIS 16153, 2010 WL 4157257 (Fla. Ct. App. 2010).

Opinion

PER CURIAM.

In this workers’ compensation case, the employer/carrier (E/C) argues the Judge of Compensation Claims (JCC) erred by finding Claimant did not intentionally or knowingly make misrepresentations for the purpose of securing workers’ compensation benefits, and consequently by concluding Claimant is not disqualified from receiving all compensation under the provisions of section 440.09(4)(a), Florida Statutes (2007). Because competent substantial evidence (CSE) supports the JCC’s findings of fact regarding Claimant’s lack of wrongful intent, and further, because the E/C fails to raise any legal basis for reversal, we affirm.

Summary Affirmance Procedure

After the E/C filed its initial brief, this court entered an order advising the parties that the order of the JCC was being reviewed under the summary disposition procedure provided for in Florida Rule of Appellate Procedure 9.315(a), relieving Claimant of the obligation to file an answer brief. Because the E/C fails to raise a preliminary basis for reversal it its initial brief, but merely argues the existence of evidence which, if viewed differently by the JCC, might have resulted in a ruling favorable to the E/C, summary affirmance is appropriate in this case. See Fla. Detroit Diesel v. Nathai, 28 So.3d 182 (Fla. 1st DCA 2010) (explaining summary affir-mance procedure); see also Cumberland Farms, Inc. v. Manning, 685 So.2d 64 (Fla. 1st DCA 1996) (explaining this court will never reverse workers’ compensation simply because competent substantial evidence supports losing side’s view of case).

Background

In this case, Claimant, a welder, sustained a compensable accident and injury resulting in back surgery. After his surgery, Claimant returned to work for the Employer in a position that was similar, but lighter in exertion than his pre-injury welding/fabrication job. Notwithstanding the reduced lifting requirements of the modified position, Claimant was still required to stand on a constant basis — an activity which Claimant testified was difficult because of his injury. After working in this modified position for approximately seven months, Claimant submitted a letter of resignation to the Employer indicating that he was grateful for the opportunities provided, but, for economic reasons, he was accepting a new job with another company, and was “looking forward to getting back to working hard 40 hours per week on a regular basis.” The letter made no mention of Claimant’s injuries, his workers’ compensation claim, or any difficulties he was having in performing the modified job.

Immediately after his resignation, Claimant began working as a material handler at Savage Services Corporation (Savage), a company which, for relevant purposes, loads and unloads sulfur and su-perphosphoric acid for shipment by rail and truck. Claimant disclosed his back injury and surgery to Savage, and was required to undergo a physical examination prior to beginning the job. Claimant’s job with Savage primarily required him to drive a train for short distances while seated, and monitor computer screens while seated in an air-conditioned control room. Occasionally, however, Claimant was required to unfasten bolts with a wrench, and Claimant was provided assistance if a particular bolt was too difficult to unbind. Claimant worked for Savage for approximately one year, and during this time, Claimant worked considerable overtime but, contrary to information contained in the letter of resignation, [644]*644he made less money than he did while working for the Employer.

After a year on his new job, Claimant began experiencing complications due to his compensable injuries, and he was taken out of work by his authorized physician. Claimant'was then terminated by Savage because it could not accommodate his restrictions. Thereafter, Claimant filed a petition for benefits (PFB) against the E/C for temporary indemnity benefits for the period following his last day of work for Savage, and continuing. The E/C immediately denied compensation on the basis that Claimant’s disability was not caused by his compensable injuries — a factual proposition asserted with no apparent factual basis, and one which was rejected by all testifying physicians, including the E/C’s independent medical examiner.

The E/C took Claimant’s deposition, and Claimant testified that, although he was able to perform the modified job with the Employer after his surgery, he could not do so easily, and the standing was “really bad on” his back. Claimant then testified that the reason he was no longer working for the Employer was because he could not do the duties required of him. Claimant also testified, to the extent he was asked, about the actual duties of his job with Savage, and expressed his conclusory opinion that this job was not very physical. The E/C then denied all benefits based on allegations that Claimant made knowing and intentional misrepresentations for the purpose of securing compensation benefits. Specifically, the E/C alleged that Claimant’s letter of resignation, wherein he represented that he was leaving his employment for economic reasons, and his testimonial characterization of the (non) physical nature of the job with Savage, were false statements made for the purpose of securing compensation benefits.

At trial, Claimant testified that he in fact left his employment with the Employer because of the physical difficulties he was having, and not for economic reasons as stated in the letter of resignation. Claimant explained that his intent in writing the letter of resignation in the manner chosen was to “keep the door open” in case he experienced medical recovery sufficient to allow him to return to the job. Claimant also explained his specific job duties at Savage (which testimony was corroborated by a shift manager), and again offered his assessment that in his opinion, the work was not very physical, especially considering his prior work experience. The JCC found Claimant credible, and accordingly found that the E/C failed to establish Claimant made intentional or knowing misrepresentations for the purpose of securing workers’ compensation benefits.

On appeal, the E/C argues because Claimant’s statements regarding the reasons why he left his employment were false, and made during the pendency of his workers’ compensation claim, he should have been disqualified from all benefits available under chapter 440. Similarly, the E/C argues because Claimant’s employment with Savage was more physical than characterized by Claimant, disqualification under section 440.09(4)(a), Florida Statutes (2007), is required as a matter of law.

Resignation Letter

The E/C initially asserts that Claimant’s letter of resignation — tendered to his Employer (not its insurance carrier) on September 23, 2008, some 395 days prior to the commencement of his disability — is false, and was made for the purpose of securing compensation benefits. Nevertheless, the E/C fails to provide any syllogistic or legal reasoning as to how this court can, or should, make a factual finding (which is not the function of this court) [645]*645that Claimant’s omissions in his letter of resignation (which bear no logical, factual, or legal connection to any benefits awarda-ble under the Workers’ Compensation Law) were made with the specific intent of enhancing his workers’ compensation claim or securing workers’ compensation benefits.

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Cite This Page — Counsel Stack

Bluebook (online)
46 So. 3d 641, 2010 Fla. App. LEXIS 16153, 2010 WL 4157257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steel-dynamics-inc-new-millennium-v-markham-fladistctapp-2010.