Miami Beach First Nat. Bank v. Dunn

• Citation: 85 So.2d 556
• Parties: The MIAMI BEACH FIRST NATIONAL BANK and Old Colony Insurance Company, Petitioners, v. Elma DUNN and the Florida Industrial Commission, Respondents.
• Decision Date: 15 February 1956
• Court: United States State Supreme Court of Florida

Page 556

85 So.2d 556

The MIAMI BEACH FIRST NATIONAL BANK and Old Colony Insurance Company, Petitioners, v. Elma DUNN and the Florida Industrial Commission, Respondents.

Supreme Court of Florida, Division B.

Feb. 15, 1956.

Frank A. Howard, Jr., and Dixon,DeJarnette, Bradford & Williams, Miami, for petitioners.

Burton B. Loebl, Miami Beach, for Elma Dunn.

Rodney Durrance, Tallahassee, for Florida Industrial Commission.

ROBERTS, Justice.

We here review, on certiorari, an order of the Florida Industrial Commission entered in a workmen's compensation proceeding. The facts and the point at issue here are stated in the order, which reads as follows:

'This cause came on to be heard upon application of the employer and carrier for review of an order of the Deputy Commissioner dated May 26, 1955, dismissing the request of the insurance carrier for a hearing to adjudicate the degree of the employee's permanent partial disability, which request was submitted after the carrier had completed payment to the claimant of compensation for 10 per cent permanent partial disability of her hand and had filed with the Commission a Final Settlement Report with respect to the claim.

'The employee received an injury by accident arising out of and in the course of her employment with the employer on February 23, 1953, when she injured her right wrist in attempting to operate an indorsing machine, and she filed a claim for compensation on August 14, 1953. The Deputy Commissioner entered an order on September 24, 1953, requiring the employer by its carrier to pay the employee compensation for temporary total disability 'during the period that claimant is temporarily and totally disabled.' Pursuant to this order the carrier paid the claimant compensation for temporary total disability until July 23, 1954, at which time Dr. Kushner reported that she had reached maximum degree of recovery and had been rated as having a 10 per cent permanent partial disability of her hand. Accordingly, on said date the carrier considered that the payment of compensation for temporary total disability pursuant to the order of the Deputy Commissioner had been conpleted, and the carrier commenced paying the employee compensation for permanent partial disability on the basis of said rating, continuing same for a period of 17 1/2 weeks. On November 19, 1954, the carrier filed with the Commission a notice that compensation had been suspended, effective November 23, 1954, for the reason that payment for permanent partial disability had been completed. Thereafter, on February 25, 1955, the carrier filed with the Commission an Injury Progress and Final Settlement Report on Commission Form F. I. C. 13, in which it reported having paid claimant $1,485.00 for temporary total disability, and $525.00 for permanent partial disability, the latter representing compensation for 17 1/2 weeks at $30.00 a week. In said report the carrier listed date of final payment as November 23, 1954, and date case closed as February 23, 1955. Section 440.15(3) (c) of the Workmen's Compensation Law (F.S.A.) provides that compensation shall be paid for 175 weeks for the loss of a hand, and Section 440.15(3)(s) of said Law provides that compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member. Thus, compensation for permanent partial disability consisting of 10 per cent loss of use of a hand would be for 10 per cent of 175 weeks or 17 1/2 weeks; and compensation for permanent partial disability was paid to the claimant for 17 1/2 weeks according to the said Injury Progress and Final Settlement Report filed by the carrier.

'In the meantime, on January 26, 1955, the carrier by its counsel filed with the Commission a request that a hearing be held before the Deputy Commissioner 'for confirmation upon the record of the benefits furnished to date and the rating upon which payments for permanent partial disability were paid.' At that time there was no claim by the employee pending before the Commission for any further compensation or medical benefits. The carrier contended that under Section 440.20(8) of the Workmen's Compensation Law it was the duty of the Commission to adjudicate the status and rights of the parties.

'After duly holding a hearing on April 5, 1955, the Deputy Commissioner entered an order on May 26, 1955, dismissing the request of the carrier for an adjudication of the degree of the permanent partial disability of the employee. In dismissing said request of the carrier for an adjudication in confirmation of the rating upon which payments for permanent partial disability had been paid, the Deputy Commissioner pointed out that after payments to the employee for temporary total disability had been concluded no claim for further compensation was filed by the employee and neither the Law nor the administrative practice of the Commission supports the contention of the carrier that it is entitled to such adjudication after having completed payment without an award of compensation for permanent partial disability.

'The Florida Workmen's Compensation Law contemplates that compensation shall be payable thereunder without an award, as indicated by the provision of Section 440.20(1) that, Compensation under this chapter shall be paid periodically, promptly in the usual manner and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.' For this reason the Law is commonly referred to as being 'automatic' or 'self-executing.' It is only when an employer fails to pay compensation when due or controverts the right to compensation, that resort to the claim, hearing, and determination provisions of the Act becomes necessary.

'In its application for review the carrier contends that under Section 440.20(8) of the Act the employer and carrier are entitled to a hearing 'for the purpose of determinnation upon the record of their rights and obligations with respect to the benefits furnished to the claimant.' In support of this position it cites Superior Home Builders v. Moss, Fla., 70 So.2d 570. The said Section 440.20(8) provides that the Commission shall in any case (1) where right to compensation is controverted, or (2) where payments of compensation have been stopped or suspended, make such investigations, cause such medical examination to be made, or hold such hearings, and take such further action as it considers will properly protect the rights of all parties. This is not a case in which right to compensation is controverted. Compensation was paid by the carrier without an award for permanent partial disability, and no claim has been made for any further or additional compensation. Neither is this a case in which 'payments of compensation have been stopped or suspended,' within the meaning of this subsection. When...