LaBrecque v. Florida Vocational Rehabilitation and Division of Risk Management, QQ-172
| Citation | 380 So.2d 482 |
| Decision Date | 14 February 1980 |
| Docket Number | No. QQ-172,QQ-172 |
| Parties | Edward J. LaBRECQUE, Appellant, v. FLORIDA VOCATIONAL REHABILITATION AND DIVISION OF RISK MANAGEMENT, Appellee. |
| Court | Court of Appeal of Florida (US) |
Stephen Marc Slepin of Slepin & Slepin, Tallahassee, for appellant.
Thomas F. Woods of Woods, Johnston & Erwin, Tallahassee, for appellee.
Claimant appeals a compensation award of 40% permanent disability to the foot. Cross-appellant appeals the award of attorney's fees.
Claimant injured his right ankle in an industrial accident on May 13, 1975. Dr. Bellamy testified that claimant's disability rating was 50% permanent impairment of the foot, 40% permanent impairment of the leg, or 35% permanent disability of the body as a whole considering his ankle injury in conjunction with a preexisting degenerative arthritis in his left hip. The JIC awarded claimant a 40% permanent disability of the leg, entitling him to 80 weeks of compensation.
Claimant urges on appeal that he was entitled to the most favorable remedy, i. e., 50% of the foot, entitling him to 871/2 weeks of compensation, or 35% permanent disability of the body as a whole. We agree and reverse the order as to the 40% disability of the leg. In reviewing the record, we do not find competent, substantial evidence to support an award of 35% permanent disability of the body as a whole. However, the evidence does support the finding that the claimant sustained a permanent disability to his ankle.
It is apparent that an ankle injury could be interpreted as either a foot injury or a leg injury. Since Section 440.15(3), Florida Statutes (1973) addresses injuries for the loss of a foot or loss of a leg but makes no mention of loss of an ankle, the JIC should have awarded claimant the most favorable remedy, disability for loss of a foot. When the Workmen's Compensation Act is susceptible of disparate interpretations, the construction most favorable to the employee shall be adopted. Farrens Tree Surgeons v. Winkles, 334 So.2d 569 (Fla.1976).
We reverse the award as to the disability and instruct the JIC to enter an order awarding claimant a 50% permanent disability of the foot. As to all other issues, the JIC's order is affirmed.
To continue reading
Request your trial
-
Peoples v. Henry Co.
...to the bones and ligaments of the ankle may be compensable as a percentage loss of the leg."); LaBrecque v. Fla. Vocational Rehab. & Div. of Risk Mgmt., 380 So.2d 482, 483 (Fla.Dist.Ct.App.1980) (stating that an ankle injury could be either a leg injury or a foot injury and the interpretati......
-
Anstead v. Cox Broadcasting, BJ-13
...will be adopted. Kerce v. Coca-Cola Company-Foods Division, 389 So.2d 1177 (Fla.1980); LaBrecque v. Florida Vocational Rehabilitation and Division of Risk Management, 380 So.2d 482 (Fla. 1st DCA 1980). In my judgment, fairness requires the application of the above rule to the instant If the......
-
Rudolph v. Miami Dolphins, Ltd.
...See also, Sam Rogers Enterprises v. Williams, 401 So.2d 1388 (Fla. 1st DCA 1981); LaBrecque v. Florida Vocational Rehabilitation & Division of Risk Mgt., 380 So.2d 482 (Fla. 1st DCA 1980). In Miranda v. Southern Farm Bureau Casualty Insurance Co., 229 So.2d 232 (Fla.1969), the Supreme Court......
-
King v. Lord Colony Enterprises, XX-130
...However, claimant was entitled to the most favorable of these scheduled remedies. LaBrecque v. Florida Vocational Rehabilitation and Division of Risk Management, 380 So.2d 482 (Fla. 1st DCA 1980). In addition, it would seem incongruous to combine a rating based on total disability of the se......