Unit Wall Co. v. Speh

133 So. 2d 304
CourtSupreme Court of Florida
DecidedSeptember 27, 1961
DocketNo. 31044
StatusPublished
Cited by8 cases

This text of 133 So. 2d 304 (Unit Wall Co. v. Speh) 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
Unit Wall Co. v. Speh, 133 So. 2d 304 (Fla. 1961).

Opinion

O’CONNELL, Justice.

In this petition for certiorari the employer and carrier contend that the Full' Commission erred in overruling that part of the order of the deputy commissioner wherein he found that the claimant, when hired by the employer, suffered from a “permanent physical impairment”, to-wit: diabetes mellitus, which disease when merged with the compensable accident caused the claimant to be permanently partially disabled in his legs, and ordered the Special Disability Fund, hereinafter referred to as the Fund, to reimburse the employer and carrier for the sums paid by [306]*306them to the claimant for his disability due to the accident. The rights of the claimant, Camiel Grymonprez, are not involved in this cause.

The claimant, a cabinetmaker, for some fifteen years prior to the accident here involved, had suffered from diabetes mellitus. This fact was known to the employer when claimant was hired for the services he was performing at the time of the accident. In addition to diabetes claimant was afflicted with varicose veins and other ailments not claimed to have been within the knowledge of the employer and not pertinent here.

Although the accident here involved occurred in February 19S9 the parties stipulated before the deputy that ch. 440, F.S. A. as amended July 1, 1959 would control this case.

On February 6, 1959 the claimant punctured his leg with a nail. The wound became infected. Both legs were affected. An operation was performed and he was apparently cured of an ulcerous and veinous condition of his legs. Other illnesses followed, resulting in a finding by the deputy that the claimant was permanently and totally disabled. However, the deputy determined that only 25% disability of each leg was attributable to the injury here involved, ordered the employer and carrier to compensate the claimant for such permanent partial disability and ordered the Special Disability Fund to reimburse the carrier therefor.

In directing the Fund to reimburse the carrier the deputy gave as his reasons (1) that the employer knew that claimant had diabetes when he was employed, which disease was permanent, (2) that such disease “constitutes ‘permanent physical impairment’ as defined by our statute”, and (3) that “all of the medical evidence reveals that but for the claimant’s pre-existing diabetic condition this rather minor puncture wound would have healed with no resulting residual disability whatsoever.”

In reversing this part of the deputy’s order the Full Commission, by a split decision, determined that the claimant’s preexisting diabetic condition was not a hindrance or obstacle to employment and therefore not such “permanent physical impairment”, as defined in Sec. 440.15(5) (d), par. 4, as would make the Fund responsible to reimburse the carrier for benefits paid by it to the claimant.

On this point the Full Commission said:

“There is absolutely no showing in the record that claimant’s diabetic condition, which existed for some 15 years prior to his accident on February 6, 1959, was a hindrance or obstacle to employment, nor that to cabinetmakers, generally, was diabetes mellitus a hindrance or obstacle to employment. It would appear that this factor, which is a necessary requisite for reimbursement to an employer by the Special Disability Fund, be present; and that such a finding by the Deputy Commissioner is not supported by the evidence. Accordingly, his Order should be modified by striking therefrom any reference to the Special Disability Fund’s reimbursing the employer and carrier for compensation paid to claimant.”

The proper interpretation to be given Sec. 440.15(5) (d), par. 4, F.S.A., is dispositive of this cause. This section of the statutes reads:

“Definition. As used in this paragraph, ‘permanent physical impairment’ means any permanent condition due to previous accident or disease or any congenital condition which is or is likely to he a hindrance or obstacle to employment and which was known to the employer prior to the occurrence of the subsequent injury or occupational disease.” (emphasis added)

In this case the claimant had a previous, or pre-existing, disease which was permanent and which was known to the employer prior to the occurrence of the compensable injury here involved. The only question then is whether the disease was one “which [307]*307is or is likely to be a hindrance or obstacle to employment.”

The deputy concluded that, although claimant’s diabetes did not render him incapable of performing his duties prior to the accident, his condition constituted a permanent physical impairment under the statute in that:

* * * When an employer knows that an applicant for employment has diabetes which requires daily treatment he is not as likely to hire such applicant as he would another applicant who is free from such disease. ‡ * *»

Thus, it seems clear that the deputy interpreted “permanent physical impairment” to be any diseased condition which would make an employer less likely to hire an employee even though the employee might be able to perform the employment as well as one not afflicted with the disease.

We note here that the above-quoted statement taken from the deputy’s order is not perhaps the strongest available ground for determining that diabetes is or is likely to constitute a hindrance or obstacle to employment. To the ground used by the deputy could well be added the fact that diabetes is a systemic vascular disease which makes those afflicted more subject to infection and may increase the extent and result of other injuries. To this may be added the fact that diabetes not properly controlled may affect the coordination and actions making an employee more subj ect to accidents.

The Full Commission seemed to hold the view that for the diseased condition to constitute “permanent physical impairment” it must be one which is disabling and must interfere with the employee’s performance of his work duties.

Before proceeding with discussion as to which interpretation of the law was correct, we must take note that the Fund in its brief and at oral argument contended that the deputy was not warranted in finding that claimant’s diabetic condition was responsible in any way for the permanent partial disability in his legs.

We have considered this contention and conclude that the deputy did have before him competent substantial evidence, which accords with logic and reason, to support his finding that there was a causal relationship between the diabetes and the permanent partial disability of the claimant’s legs. We think this affords additional weight to the deputy’s conclusion that diabetes is a permanent physical impairment under the statutory definition for it indicates that the employer of a diabetic employee, on injury to the employee, may be required to compensate him for treatment or disability far greater than would be the case if the employee had not been afflicted with diabetes. This seems to make reasonable the classification of diabetes as a disease or condition which if known to the employer “is or is likely to be a hindrance or obstacle to employment.”

Quite obviously that which is or is likely to be a hindrance or obstacle to one employment would not be to another.

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Bluebook (online)
133 So. 2d 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unit-wall-co-v-speh-fla-1961.