Firestone Tire and Rubber Co. v. Vaughn, QQ-127
| Decision Date | 01 April 1980 |
| Docket Number | No. QQ-127,QQ-127 |
| Parties | FIRESTONE TIRE AND RUBBER COMPANY and Liberty Mutual Insurance Company, Appellants, v. Leroy VAUGHN, Appellee. |
| Court | Florida District Court of Appeals |
Billy L. Rose, of Harrison, Greene, Mann, Rowe, Stanton & Mastry, St. Petersburg, for appellants.
Edwin J. Bradley, of Lloyd & Henninger, P.A., St. Petersburg, for appellee.
This case involves an unusual award of palliative care under § 440.13(1), Florida Statutes (1977). The judge of industrial claims found that the installation of a swimming pool on claimant's premises was reasonable and necessary, awarding claimant partial reimbursement for the cost of the pool and awarding pool maintenance costs. The appellants contend there was not competent, substantial evidence to support the finding that a pool was required to alleviate the employee's pain. On cross-appeal, Vaughn alleges that it was error to deny full reimbursement. While we affirm the points on appeal and reverse the point on cross-appeal, we stress that this affirmance is justified only because of the highly unique circumstances presented in this case. Because of the nature of such an award, we have no intention of sanctioning the installation of pools for mere convenience of claimants who find it beneficial in the course of their treatment.
Vaughn suffered an accident rendering him permanently and totally disabled in 1966. Since that time he has undergone twelve operations, involving the removal of several intervertebral discs, the removal of a coccyx during an operation in an unsuccessful attempt to reach a spinal nerve, and a fusion operation on the back. The twelfth operation was performed only a year before the hearing. To relieve pain in Vaughn's left shoulder, arm and chest, and back and left leg, he takes medication daily and hooks up his body to what he terms an "electrode machine." Occasionally, he leaves this mechanism on all day. He also uses a vibrating recliner equipped with a heating mechanism. In 1970, Vaughn's doctors recommended that he begin exercising in a swimming pool. The appellants failed to provide a pool after a request made by the injured employee. Subsequently, Vaughn joined a health spa but discontinued using the spa after a year and a half because, although the spa treatment was very effective in alleviating pain, the traveling to and from the spa canceled the benefits of the treatment. In 1977, Vaughn contracted to have a twelve-by thirty-foot pool built on his property, equipped with two high-pressured jets which he can control when he needs relief. He uses the pool for exercising and relief of pain. In the summertime, the pool is used three to five times daily and is often used in the a. m. hours when Vaughn cannot sleep. In all, three treating physicians recommended the use of swimming facilities for exercise and relief of pain. Dr. Wallace wrote, after the installation of the pool, that "it was necessary for Mr. Vaughn to install a pool so that he could do his exercises for his back." The appellants present no evidence rebutting the recommendations of the doctors, nor of Dr. Wallace, nor do they rebut Vaughn's statement of facts showing that a pool is required on his premises. Lastly, there are no issues presented here concerning the appropriateness of the physical characteristics of the pool.
As to Point I, appellants argue that the pool installation was prohibited by Empire Drilling Co. v. Dunaway, IRC Order 2-3453 (June 6, 1978), urging that it is outside the Workmen's Compensation Act provisions to...
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