Fritz v. Courtyard By Marriott

• Decision Date: 14 January 1992
• Docket Number: No. 91-530,91-530
• Citation: 592 So.2d 1167
• Parties: 17 Fla. L. Weekly D235 Delaine FRITZ, Appellant, v. COURTYARD BY MARRIOTT and Marriott Casualty Claims, Appellees.
• Court: Florida District Court of Appeals

Page 1167

592 So.2d 1167

17 Fla. L. Weekly D235

Delaine FRITZ, Appellant, v. COURTYARD BY MARRIOTT and Marriott Casualty Claims, Appellees.

No. 91-530.

District Court of Appeal of Florida,

First District.

Jan. 14, 1992.

Edward G. Matheson of Bello & Matheson, Vero Beach, for appellant.

Mathew Staver of Staver & Associates, Orlando, for appellee.

ERVIN, Judge.

In this workers' compensation case, claimant, Delaine Fritz, appeals from an order denying compensability and all requested benefits. She contends that the judge of compensation claims (JCC) erred in rejecting her testimony regarding the time required to perform each job duty based on an erroneous interpretation of her testimony, and in concluding that her job duties did not require any lateral wrist movement and therefore did not cause her wrist and hand injuries. Additionally, claimant contends that the final order, which was entered after the 30-day period prescribed in Section 440.25(3)(d), Florida Statutes (1989), was stale, and that the JCC erred in denying her claim for costs, penalties, interest, and attorney's fees. As discussed below, we reverse as to the first two issues and remand for further proceedings, and therefore do not reach the remaining two issues.

Claimant worked as a night auditor at the Melbourne Marriott for the employer. She filed a claim for benefits in connection with a wrist and hand condition known as tenosynovitis (swelling and inflammation around the tendons) and possible carpal tunnel syndrome that she alleged was caused by repetitive exposure or occurrence at work. The employer/carrier (E/C) controverted the claim, asserting the conditions were noncompensable and did not arise out of her employment. The JCC agreed with the E/C and entered an order denying benefits. In so doing, the JCC accepted evidence that was clearly conflicting as uncontradicted, without explanation, and made several material findings that are not supported by the evidence.

Claimant's first two issues relate to whether the JCC erred in rejecting her testimony and by finding that her work activities did not cause her condition. As to those issues, it is well-established that it is the JCC's duty to judge the credibility of the witnesses and to resolve conflicts in the evidence, and that this court is bound by the JCC's findings if they are supported by competent, substantial evidence (CSE), i.e., evidence that is logical and reasonable. Carson v. Gaineswood Condominiums, 532 So.2d 28, 31 (Fla. 1st DCA 1988); Gadsden County Bd. of Pub. Instruction v. Dickson, 191 So.2d 562, 565 (Fla.1966). If, however, the JCC's findings lack substantial support in the record, this court is not bound thereby. Chicken 'N' Things v. Murray, 329 So.2d 302, 305 (Fla.1976).

Turning first to the JCC's rejection of claimant's testimony as to her actual job duties, such testimony was rejected in part because the claimant had testified as to the maximum time required for each task based on the busy season at the hotel. Although the record does indicate that the hotel had an on and an off season, which caused the number of guests to fluctuate, the JCC's finding ignores critical testimony from Ms. Morgan, the woman who took over appellant's job, to the effect that even during the slow season she had work that would keep her occupied between six and six-and-one-half hours per night, and from Ms. Benton, claimant's supervisor, who testified the job entailed seven hours of work.

The JCC also rejected claimant's testimony on this point for the reason that it was contradictory in itself. He wrote: "If the Claimant's testimony were true, she would have to spend at least 16.6 hours doing check-ins and checkouts, and clearly her job only lasted from 11 p.m. to 7 a.m." In so saying, he specifically found that claimant testified she performed 50 or 60 check-ins or express check-ins or checkouts per night and that each check-in or checkout would take approximately 20 minutes per person. These findings lack support in the record. Claimant in fact testified that she performed between 50 and 60 express checkouts per night, which took her approximately one hour. As for check-ins, claimant testified that the check-in procedure for guests without reservations would take between 15 and 20 minutes. This included both the actual time spent by her with the guest during check-in, when she asked pertinent questions regarding the guest's name and address, the room desired, the method of payment, and the time required to assign a room, give the guest a key and directions to the room, enter pertinent information into the computer, and obtain credit card verification. Because it is apparent that the JCC relied in part on a misinterpretation of claimant's testimony, especially in light of critical testimony he overlooked, remand is necessary for reconsideration of the evidence. Carballo v. Warren Mfg. Co., 407 So.2d 603 (Fla. 1st DCA 1981), review denied, 415 So.2d 1362 (Fla.1982). Cf. Crime Control, Inc. v. Burston, 522 So.2d 929 (Fla. 1st DCA 1988) (court declined to reverse order awarding benefits even though some findings were not supported by CSE, because erroneous findings were immaterial and unnecessary to the decision to award benefits).

Turning next to the JCC's determination that claimant's hand and wrist conditions were not caused by her employment, the JCC found that neither the job duty descriptions nor claimant's testimony indicated that she was required to perform lateral wrist movement. Although it is true that claimant did not specifically say she performed lateral wrist movements, she did describe in detail all of her job duties, which common experience indicates require some lateral wrist movement. More importantly, however, the JCC seems to have required that claimant prove she performed lateral wrist movement to establish causation based upon a finding that Dr. Ramirez testified that lateral movements were required for tenosynovitis. This, too, is a misinterpretation of the witness's testimony. In fact, Dr. Ramirez testified that people who have jobs requiring repetitive use of their hands most often develop tenosynovitis. While Dr. Ramirez did say that lateral movements were a textbook...