Hayward Trucking, Inc. v. Aetna Ins. Co., AT-180
| Decision Date | 13 February 1984 |
| Docket Number | No. AT-180,AT-180 |
| Parties | HAYWARD TRUCKING, INC., and Nationwide Insurance Company, Appellants, v. AETNA INSURANCE COMPANY and Clifford A. Joyner, Appellees. |
| Court | Florida District Court of Appeals |
John P. Brooks of Jones & Langdon, Gainesville, for appellants.
Bruce R. Kaster of Green, Simmons, Green, Hightower & Gray, Ocala, for appellees.
Nationwide Insurance Company (Nationwide) and Hayward Trucking, Inc. (Hayward) appeal a workers' compensation order requiring Nationwide, inter alia, to reimburse appellee-Aetna Insurance Company (Aetna) for all benefits it paid to claimant subsequent to May 25, 1982, to institute temporary total disability (TTD) benefits to claimant as of January 31, 1983, and to provide claimant with appropriate medical benefits. We reverse.
Claimant, a driver and general maintenance man for Hayward, sustained a compensable back injury on September 15, 1981, while changing a tire. On September 17, 1981, claimant was seen by Dr. Koerner, an osteopath, who diagnosed "right shoulder bursitis, left sciatic neuritis, a lumbar strain" and the possibility of a herniated disc. Claimant returned to work for Hayward, although he said he was still having trouble with his leg. He continued driving a truck, but using the clutch particularly bothered him. He tried to stay away from changing tires and sweeping. Nationwide was Hayward's workers' compensation carrier at the time of this accident.
Claimant continued working for Hayward, with the exception of days which he occasionally missed because of back trouble, until May 24, 1982, when he experienced pain in his low back, hip, and leg while he and a co-worker were changing a tire. Aetna was Hayward's workers' compensation carrier in May 1982. Dr. Jones, an orthopedic surgeon who saw claimant following the second accident, stated in his deposition that "the second set of symptoms or the second incident or accident or whatever you want to call it, was simply a reinjury of a pre-existing old one."
After a claim for benefits was filed, Aetna took the position that claimant's back injury was the result of the September 15, 1981 accident, and that Nationwide was solely responsible to claimant for any benefits. Accordingly, Aetna sought reimbursement from Nationwide for benefits paid to claimant. Nationwide took the position that claimant's back injury was the result of the second accident and that Aetna was solely responsible for any...
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