Jewel Tea Co. v. Florida Indus. Commission, s. 38281

• Decision Date: 25 November 1969
• Docket Number: Nos. 38281,38282,s. 38281
• Citation: 235 So.2d 289
• Parties: JEWEL TEA COMPANY, Inc., Petitioner, v. FLORIDA INDUSTRIAL COMMISSION and Arthur Hoagey, Respondents. Arthur HOAGEY, Petitioner, v. JEWEL TEA COMPANY, Inc., and Florida Industrial Commission, Respondents.
• Court: Florida Supreme Court

Page 289

235 So.2d 289

JEWEL TEA COMPANY, Inc., Petitioner, v. FLORIDA INDUSTRIAL COMMISSION and Arthur Hoagey, Respondents.

Arthur HOAGEY, Petitioner, v. JEWEL TEA COMPANY, Inc., and Florida Industrial Commission, Respondents.

Nos. 38281, 38282.

Supreme Court of Florida.

Nov. 25, 1969.

On Rehearing May 27, 1970.

Billy L. Rowe of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for Jewel Tea Co., petitioner-respondent.

Dewey A. Dye of Dye, Dye, Smith, Cleary & Scott, and W. Robert Mann, of Knowles, Mann & Blalock, Bradenton, for Arthur Hoagey, respondent-petitioner.

Patrick H. Mears and J. Franklin Garner, Tallahassee, for Florida Industrial Commission, respondent.

BOYD, Justice.

These consolidated cases are before us on petition for writ of certiorari to the Florida Industrial Commission.

Claimant was injured on October 6, 1961, in a fall from his delivery truck resulting in a severe hernia. An operation, complicated by claimant's diabetic condition and serious infection, was unsuccessful. Three days after the accident the employer advised claimant that his injury was not compensable under Workmen's Compensation. Claimant received approximately $60 per week for 39 weeks following the accident under a package group insurance plan.

On October 15, 1962, claim was filed for compensation benefits and permanent total disability. By check dated November 10, 1962, the employer paid the claimant $747.60 ($42 per week from July 6, 1962, to November 10, 1962). The employer has continued to pay $42 weekly thereafter.

The Judge of Industrial Claims found that claimant suffered temporary total disability from October 6, 1961, the date of the accident, which disability was continuing through the hearing held April 20, 1967. He ordered the employer to pay interest, but not penalties, on the late payment of compensation for the period July 6, 1962, to November 10, 1962; continue to pay claimant $42 per week during the continuance of his present 'total disability'; continue to furnish medical care and treatment and pay $300 attorney's fees to claimant's attorneys. The Judge stated that the fee was not based on the total disability benefits paid.

The Judge of Industrial Claims refused to rule on the group insurance package plan of the employer, holding this matter was not subject to the jurisdiction of the Florida Industrial Commission. The employer contended it was entitled to credit against workmen's compensation liability for hospitalization and medical insurance benefits furnished by Blue Cross-Blue Shield under the package insurance plan in which the employee participated. The employer also contended that it was entitled to credit for disability payments received by the employee under the package plan during the first 39 weeks of his disability. The employee contends that since he contributed a portion of his pay each week to the purchase of these insurance benefits, the employer may not take credit for the purpose of discharging the employer's statutory workmen's compensation responsibility.

The Full Commission affirmed in part and reversed in part, holding in pertinent part as follows:

'We feel that the judge of industrial claims was correct in refusing to assume jurisdiction with reference to the group insurance plan, and the Order in this respect should be affirmed. However, we feel that the judge of industrial claims erred in failing to indicate the type of benefits which the claimant is to receive, whether they are temporary or permanent. The claimant is entitled to know the basis upon which workmen's compensation benefits are being paid. * * * For this reason, we believe that the Order must be vacated and the cause remanded to the judge of industrial claims for a determination of the type of disability to be paid. In addition, the $300 attorney's fee must be vacated and remanded for the judge to consider the award of benefits as a factor in...