Jordan v. Florida Indus. Commission
| Decision Date | 23 February 1966 |
| Docket Number | No. 34611,34611 |
| Citation | 183 So.2d 529 |
| Parties | R. C. JORDAN, Petitioner, v. FLORIDA INDUSTRIAL COMMISSION, Paragon Construction Company, Inc., and the Home Indemnity Company, Respondents. |
| Court | Florida Supreme Court |
James T. Earle and Masterson, Lloyd & Rogers, St. Petersburg, for petitioner.
Billy L. Rowe of Mann, Harrison, Mann & Rowe, St. Petersburg, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.
The claimant, R. C. Jordan, seeks review of an order of the Florida Industrial Commission which affirmed an order of the Deputy Commissioner, directing payment of temporary total disability benefits to the claimant for eight weeks, payment of doctor bills incurred, attorney's fees and penalties and interest, but which denied the Claimant's request for treatment of a pre-existing deformity, and compensation for healing time during and following same.
Two questions are presented for decision. The first is, should the employer be required to pay for treatment of a pre-existing deformity which is not aggravated by an industrial accident, but whose existence precludes the healing of the compensable injury? The second is, should compensation benefits be limited to the disability time which would have ensued had the deformity not existed?
The facts are that claimant had been in an automobile accident in 1959 and suffered a fractured leg, which healed at an abnormal angle shortening his leg by two and one-fourth inches, giving him a limp, curvature of the spine and abnormal stress on the legmuscles, tendons, etc. Such deformity did not interfere with or prevent adequate performance of his duties. On June 6, 1963, claimant, while in the employ of Paragon Construction Company, Inc., one of the respondents herein, suffered a job-connected accident resulting is a back injury, and as a result thereof became temporarily and totally disabled. He has suffered pain since that time, but the medical testimony is to the effect that were it not for the abnormal stress on his back caused by the earlier deformity, claimant's back would have healed from the compensable injury in four to eight weeks. However, due to such deformity the only effective treatment lies in correcting the leg length discrepancy. The claimant had since the second injury been, and at the time of the hearing was, unable to do heavy manual labor, which was his regular employment. Based upon these facts, the Deputy ordered payment of temporary...
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Myers v. Sherwin-Williams Paint, Co.
...when the need for such care arises from the combined effect of industrial and nonindustrial conditions. See Jordan v. Florida Industrial Commission, 183 So.2d 529 (Fla.1966); Glades County Sugar Growers v. Gonzales, 388 So.2d 333 (Fla. 1st DCA 1980)." Copeland v. Bond, 528 So.2d 458, 459 (F......
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C & J Delivery v. Garcia
...when the need for such care arises from the combined effect of industrial and nonindustrial conditions. See Jordan v. Florida Industrial Commission, 183 So.2d 529 (Fla.1966); Glades County Sugar Growers v. Gonzales, 388 So.2d 333 (Fla. 1st DCA 1980). As Gonzales indicates, the employer is r......
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Tyson v. Palm Beach County School Bd.
...when the need for such care arises from the combined effect of industrial and nonindustrial conditions. See Jordan v. Florida Industrial Commission, 183 So.2d 529 (Fla.1966); Glades County Sugar Growers v. Gonzales, 388 So.2d 333 (Fla. 1st DCA 1980). As Gonzales indicates, the employer is r......
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Glades County Sugar Growers v. Gonzales, QQ-338
...if such treatment would not presently be required but for the existence of the compensable injury. See: Jordan v. Florida Industrial Commission, 183 So.2d 529, 530 (Fla. 1966). But the award should not include medical treatment required independently by the subsequent non-compensable injury......