Miami-Dade Water & Sewer Authority v. Leech, MIAMI-DADE
| Decision Date | 19 March 1984 |
| Docket Number | MIAMI-DADE,No. AS-76,AS-76 |
| Citation | 447 So.2d 979 |
| Parties | WATER & SEWER AUTHORITY and Old Republic Insurance Company, Appellants, v. David LEECH and Division of Workers' Compensation, Appellees. and CAROL CITY UTILITIES and Southeast Title and Insurance Company, Appellees/Cross-Appellants, v. David LEECH and Division of Workers' Compensation, Appellants/Cross-Appellees. |
| Court | Florida District Court of Appeals |
John F. McMath, Miami, for appellants.
Alfred D. Bieley, Miami, for appellee David Leech.
Sally R. Doerner, of Walton, Lantaff, Schroeder & Carson, Miami, for appellee Carol City Utilities and Southeast Title & Ins. Co.
Miami-Dade Water & Sewer Authority and Old Republic Insurance Company (E/C # 2) appeal a workers' compensation order which found that claimant sustained a compensable injury on December 14, 1977, while employed by Carol City Utilities, whose carrier was Southeast Title and Insurance Company (E/C # 1), that claimant sustained a second compensable injury on April 6, 1978, while employed and covered by E/C # 2, and which ordered E/C # 2 to pay, inter alia, temporary total disability (TTD) benefits arising out of both accidents, and certain medical expenses. E/C # 2 argue that the deputy commissioner (deputy) erred in ordering them to pay all TTD benefits, medical bills, costs, and attorney's fees, erred in awarding TTD benefits from April 6, 1978, through April 24, 1978, erred in impliedly finding that the condition requiring knee surgery was causally related to the April 6, 1978 injury, and erred in awarding further remedial medical treatment in the Houston, Texas area. E/C # 1 argue on cross-appeal that the deputy erred in admitting the post-hearing deposition of Dr. Barry. We reverse in part and affirm in part as to the points raised by E/C # 2 and we affirm the point raised on cross-appeal by E/C # 1.
Claimant sustained a compensable injury to his right knee on December 14, 1977, and was released to return to work by Dr. Rohan on December 28, 1977. E/C # 1 paid claimant's salary during this period when he was unable to work as a result of the accident. Upon return to work, claimant performed the same duties as he had performed prior to the accident. When appellee-Carol City Utilities was subsequently taken over by appellant-Miami Dade Water & Sewer Authority, claimant continued to perform the same duties for the latter as he had for the former. Claimant subsequently sustained a second compensable injury to his right knee on April 6, 1978 and was again released to return to work by Dr. Rohan on April 24, 1978. E/C # 2 paid claimant's salary during this period when he was unable to work as a result of this accident. In June 1978 claimant resigned to go to college. However, instead of going to college claimant subsequently worked on an off-shore barge as an orderly, an oiler, and subsequently as a "roughneck" and a "roustabout" until December 1979. Claimant's right knee was operated on in November 1980 by Dr. Rohan and again in August 1981 by Dr. Barry.
The deputy ordered E/C # 2 to pay claimant TTD benefits for the following periods: from December 14, 1977, to December 28, 1977; from April 6, 1978, through April 24, 1978; from November 20, 1980, through December 31, 1980; from August 6, 1981, through October 28, 1981; "and to date and continue payment of same until such time as the Claimant reaches maximum medical improvement or returns to work without further loss of salary." E/C # 2 were also ordered to pay the medical bills of Dr. Barry and Palmetto General Hospital and to furnish claimant with further remedial care in the Houston, Texas area.
The deputy erred in ordering E/C # 2 to pay TTD benefits for the period from December 14, 1977, to December 28, 1977, because E/C # 2 were not the employer/carrier at the time of the December 14, 1977 accident. Accordingly, there is no basis for imposing liability on E/C # 2 for TTD benefits during this two-week period. Although any TTD benefits due for the period from December 14, 1977, to December 28, 1977, are the...
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