Telcon, Inc. v. Williams

500 So. 2d 266, 12 Fla. L. Weekly 5
CourtDistrict Court of Appeal of Florida
DecidedDecember 19, 1986
DocketBG-277
StatusPublished
Cited by8 cases

This text of 500 So. 2d 266 (Telcon, Inc. v. Williams) 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
Telcon, Inc. v. Williams, 500 So. 2d 266, 12 Fla. L. Weekly 5 (Fla. Ct. App. 1986).

Opinion

500 So.2d 266 (1986)

TELCON, INC., and Underwriters Adjusting Co., Appellants,
v.
Leonard WILLIAMS, Appellee.

No. BG-277.

District Court of Appeal of Florida, First District.

December 19, 1986.

Charles A. Williams, of Williams & Williams, Lake Worth, for appellants.

Laurence F. Leavy, of Mark Marks, P.A., North Miami, for appellee.

ZEHMER, Judge.

The employer and carrier appeal a workers' compensation order awarding claimant permanent total disability benefits, medical expenses, costs, and interest. They raise three issues, but only one warrants extensive discussion. They first argue that the deputy commissioner erred in finding claimant permanently and totally disabled due to injuries resulting from a compensable industrial accident and, in part, to injuries suffered in a subsequent automobile accident which occurred while claimant was on his way to receive authorized medical therapy related to the compensable injury. The question before us is whether the subsequent accident is compensable, i.e., did it arise out of and in the course of claimant's employment within the meaning of sections 440.02(6) and 440.09(1), Florida Statutes (1979)? We treat the case as governed by the statutes in effect on the date of the original injury.

Claimant initially suffered a herniated disc in an industrial accident on January 28, 1981. The employer and carrier accepted the accident as compensable and paid benefits. Throughout the remainder of 1981 and during 1982, claimant, who had not reached maximum medical improvement, continued under medical care and therapy. He attempted to return to work for the employer, but could not physically perform the duties of his employment, and in December 1982 was advised not to return.

*267 On February 14, 1983, claimant still had not reached maximum medical improvement and continued to receive medical treatment. While traveling in his car to the doctor's office to receive medical treatment, he suffered neck, head, and shoulder injuries when his vehicle was rear-ended. The physician he was to see, Dr. Lane, had been designated by the employer and carrier and approved by an order of the deputy commissioner. Dr. Lane, a neurosurgeon, testified that claimant had sustained a twelve percent permanent partial disability to the body as a whole as a result of the first accident. He further opined that following the second accident claimant had a thirty-five percent permanent partial impairment to the body as a whole attributable to back injuries from both accidents.

The deputy commissioner's order found, in part, that the automobile accident occurred while claimant was traveling to his doctor's office at the direction of his court-appointed physician; that an employment relationship between appellant and claimant continued to exist at the time of the accident; that the injuries sustained were in the course and scope of claimant's employment; that as a result of the injuries sustained in both accidents claimant cannot perform even light work without interruption; and that claimant has become totally and permanently disabled.

The employer and carrier argue that since claimant was told he "didn't need to come back" to work [R. 39], he was not an employee at the time of the automobile accident, and thus the injuries sustained in this accident did not arise out of and in the course of employment. We affirm the appealed order, holding that, regardless of the status of claimant's actual employment at the time of the second accident, that injury was incidental to claimant's previously existing employment relationship and therefore arose out of and in the course of that employment.

We agree with the parties that this precise question appears to be one of first impression under the Florida workers' compensation statute. Section 440.02(6), Florida Statutes (1979), provides:

The term `injury' means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury....

Section 440.09(1), Florida Statutes (1979), states, in part:

Compensation shall be payable under this chapter in respect of disability or death of an employee if the disability or death results from an injury arising out of and in the course of employment... .

Finally, section 440.26(1), Florida Statutes (1979), includes a rebuttable presumption that "the claim comes within the provisions of this chapter." This presumption has been applied in determining whether an injury arises out of and within the course of employment, in part because of the general policy in workers' compensation cases that the statute is to be liberally construed in favor of the claimant. Cooper v. Stephens, 470 So.2d 852 (Fla. 1st DCA), rev. denied, 480 So.2d 1296 (Fla. 1985).

Our analysis begins with Taylor v. Dixie Plywood Company of Miami, 297 So.2d 553 (Fla. 1974), in which a similar fact pattern arose. The claimant in that case suffered a compensable industrial injury to his back and leg, and his supervisor authorized him to get medical treatment at the doctor's office. Claimant first went to his home, and after leaving home for the doctor's office he was in an automobile accident which caused the loss of his right eye. The employer controverted the second accident on the basis of deviation because claimant went to his home before proceeding to the doctor's office. The judge of the Industrial Claims and the Industrial Relations Commission agreed with the deviation argument and disallowed the claim. The Supreme Court reversed, finding that "the deviation, if any, was insubstantial under the circumstances." Taylor, 297 So.2d at 555. Justice Ervin further wrote for the court:

The material facts are that upon injury the claimant had been directed to go to *268 the doctor's office for examination and treatment of his leg. Compliance therewith was an activity within the scope of his employment. See 1 Larson, Workmen's Compensation, Sec. 13.13. It is uncontradicted that when he suffered the automobile accident resulting in loss of his eye claimant was on the way to the doctor's office.

297 So.2d 555.

Although essentially a deviation case, we find the quoted rationale of Taylor helpful in determining the scope of coverage under the cited statutory provisions. Since there was no deviation which caused the course and scope of employment to terminate, the injury sustained while traveling to the doctor's office for treatment of an industrial injury as directed by the employer was necessarily incidental to the employment, and therefore compensable.

Both parties have directed us to cases in other jurisdictions which have considered the compensability of similar second injuries. For example, in Taylor v. Centex Construction Co., 191 Kan. 130, 379 P.2d 217 (1963), the claimant suffered an industrial eye injury and received permission from the employer to visit the doctor. Upon leaving the doctor's office, claimant stopped at a service station to call his wife, had his truck serviced, ate lunch, and then proceeded to a tavern to buy a bottle of soda. While returning to his job site from the tavern, claimant suffered injuries in a motor vehicle accident. The lower court held that the injury did not arise out of and in the course of employment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

IMC Phosphates Co. v. Prater
895 So. 2d 1263 (District Court of Appeal of Florida, 2005)
Special Disability Trust Fund v. Meyer USA
721 So. 2d 421 (District Court of Appeal of Florida, 1998)
Lee v. Industrial Commission
656 N.E.2d 1084 (Illinois Supreme Court, 1995)
Carberry v. State
652 A.2d 232 (New Jersey Superior Court App Division, 1995)
Harris v. Mackin & Associates
641 A.2d 938 (Court of Special Appeals of Maryland, 1994)
City of Miami v. Tombley
605 So. 2d 895 (District Court of Appeal of Florida, 1992)
Turner v. Rinker Material Corp.
554 So. 2d 647 (District Court of Appeal of Florida, 1989)
DOT, State of Florida v. King
554 So. 2d 1192 (District Court of Appeal of Florida, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
500 So. 2d 266, 12 Fla. L. Weekly 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telcon-inc-v-williams-fladistctapp-1986.