Waddell v. USS Agri-Chemicals

District Court of Appeal of Florida

Waddell v. USS Agri-Chemicals

523 So. 2d 683, 13 Fla. L. Weekly 769, 1988 Fla. App. LEXIS 1274, 1988 WL 27804

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1988

DocketNo. BR-411

StatusPublished

Cited by1 cases

This text of 523 So. 2d 683 (Waddell v. USS Agri-Chemicals) 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

Waddell v. USS Agri-Chemicals, 523 So. 2d 683, 13 Fla. L. Weekly 769, 1988 Fla. App. LEXIS 1274, 1988 WL 27804 (Fla. Ct. App. 1988).

Pincite

Opinions

WIGGINTON, Judge.

Appellant appeals the deputy commissioner’s denial of his claim for additional wage-loss benefits. The denial was based on the ground that the claim is barred by section 440.15(3)(b)3.a., Florida Statutes (1981), which provides that the right to wage-loss benefits terminates at the end of any two-year period commencing at any time subsequent to the month in which the injured employee reaches the date of maximum medical improvement, unless during the two-year period, wage-loss benefits shall have been “payable” during at least three consecutive months. We reverse.

During two or three months of the two-year period relied upon by appellee and the deputy commissioner in calculating the applicability of section 440.15(3)(b)3.a. in this case, appellant was incarcerated and thus was unable to demonstrate a loss of wage-earning capacity resulting from his work-related injury. In light of this Court’s opinion in Monroe Furniture Company v. Bonner, 509 So.2d 1264 (Fla. 1st DCA 1987), we are compelled to find that during the months in which appellant was incarcerated, the running of the two-year period under section 440.15(3)(b)3.a. was tolled. Consequently, the record does not show that a two-year period expired under section 440.15(3)(b)3.a. and, therefore, the deputy commissioner erred in denying appellant’s claim on the basis of that statute.

We certify to the supreme court the following question:

DOES A TERM OF INCARCERATION AFFECT THE RUNNING OF THE [684]*684TWO-YEAR PERIOD SET FORTH IN SECTION 440.15(3)(b)3.a., FLORIDA STATUTES (1981)?

REVERSED.

BOOTH, J., concurs. BARFIELD, J., dissents with written opinion.

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

WIGGINTON, Judge.

Appellant appeals the deputy commissioner’s denial of his claim for additional wage-loss benefits. The denial was based on the ground that the claim is barred by section 440.15(3)(b)3.a., Florida Statutes (1981), which provides that the right to wage-loss benefits terminates at the end of any two-year period commencing at any time subsequent to the month in which the injured employee reaches the date of maximum medical improvement, unless during the two-year period, wage-loss benefits shall have been “payable” during at least three consecutive months. We reverse.

During two or three months of the two-year period relied upon by appellee and the deputy commissioner in calculating the applicability of section 440.15(3)(b)3.a. in this case, appellant was incarcerated and thus was unable to demonstrate a loss of wage-earning capacity resulting from his work-related injury. In light of this Court’s opinion in Monroe Furniture Company v. Bonner, 509 So.2d 1264 (Fla. 1st DCA 1987), we are compelled to find that during the months in which appellant was incarcerated, the running of the two-year period under section 440.15(3)(b)3.a. was tolled. Consequently, the record does not show that a two-year period expired under section 440.15(3)(b)3.a. and, therefore, the deputy commissioner erred in denying appellant’s claim on the basis of that statute.

We certify to the supreme court the following question:

DOES A TERM OF INCARCERATION AFFECT THE RUNNING OF THE [684]*684TWO-YEAR PERIOD SET FORTH IN SECTION 440.15(3)(b)3.a., FLORIDA STATUTES (1981)?

REVERSED.

BOOTH, J., concurs. BARFIELD, J., dissents with written opinion.

Cite This Page — Counsel Stack

Bluebook (online)

523 So. 2d 683, 13 Fla. L. Weekly 769, 1988 Fla. App. LEXIS 1274, 1988 WL 27804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waddell-v-uss-agri-chemicals-fladistctapp-1988.

Opinions

Related

Cite This Page — Counsel Stack