Munroe Memorial Hospital v. Thompson, RR-97
| Citation | 388 So.2d 1338 |
| Decision Date | 10 October 1980 |
| Docket Number | No. RR-97,RR-97 |
| Parties | MUNROE MEMORIAL HOSPITAL and All Risk Corp. of Florida, Appellants, v. Ella Mae THOMPSON, Appellee. |
| Court | Court of Appeal of Florida (US) |
Bruce R. Kaster of Pattilo, MacKay & McKeever, P.A., Ocala, for appellants.
Charles C. Hurt, Orlando, for appellee.
The appellants challenge a compensation order, contending that they did not receive adequate notice of the nature of the employee's claim for compensation, and that there was a lack of competent substantial evidence to support the judge's findings. We agree and reverse.
On November 9, 1977, the claimant slipped and fell in a work-related accident. A claim was filed on May 22, 1978, stating that the injury was a "popped right knee cap." This claim was dismissed without prejudice on December 21, 1978. A new claim was filed on December 22, 1978, stating that the injury was a "hurt low back." On March 1, 1979, a Notice of Hearing was sent to the parties, stating that the subject of the hearing would be a "determination of claimant's benefits." On June 6, 1979, the hearing was held, and on July 31, 1979, the Judge of Industrial Claims ("JIC") entered his Order, finding inter alia that the claimant sustained a 5% permanent partial disability to the lower right extremity. The appellants were ordered to pay to the claimant temporary total disability and permanent partial disability compensation.
This court has recognized that "due process problems arise when the (JIC) undertakes to rule on issues not framed by the parties." Farm Stores v. Dyrda, 384 So.2d 269 (Fla. 1st DCA 1980). Here, the claim stated that the injury was a "hurt low back." Although the Notice of Hearing stated that the subject thereof would be a "determination of claimant's benefits," it is clear that this "determination" refers to the effect of the alleged back injury. However, the JIC's Order is patently based on evidence relating to a knee injury, and in fact, the JIC awarded compensation for a knee injury. The appellants properly complain of a lack of adequate notice regarding a claim based on such an injury, see Fla.Stat. § 440.19(1)(c) (1977), thereby resulting in a denial of appellants' rights to due process. Additionally, an Order that is not in accord with the understanding with which the hearing was undertaken and participated in is a denial of due process and must be reversed. La Mer Coffee Shop v. Taylor, IRC Order 2-3531 (Sept. 11, 1978).
Even assuming that the hearing and the JIC's Order were preceded by adequate notice, reversal would still be required because there is no competent substantial evidence showing a causal connection between the claimant's work-related accident and her later physical disabilities. See City of Jacksonville Police Dept. v. Hobbs, 246 So.2d 561-62 (Fla.1971). One doctor could not state the cause of the claimant's knee condition, while the...
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Commercial Carrier Corp. v. LaPointe, 97-2631.
...compensation hearing was undertaken and participated in is a denial of due process and must be reversed. Munroe Memorial Hospital v. Thompson, 388 So.2d 1338 (Fla. 1st DCA 1980). A JCC should not award benefits which are beyond the scope of the hearing. Kaplan Industries, Inc. v. Rowlett, 5......
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...and the injury or condition at issue. Harris v. Josephs of Greater Miami, Inc., 122 So.2d 561 (Fla.1960); Munroe Memorial Hosp. v. Thompson, 388 So.2d 1338 (Fla. 1st DCA 1980). Cf. O'Day v. Taylor Rental Center, 395 So.2d 1194 (Fla. 1st DCA 1981) (claimant's lay testimony relating onset of ......
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...So.2d 155, 157 (Fla. 1st DCA 1994); Florida Power Corp. v. Hamilton, 617 So.2d 333, 334 (Fla. 1st DCA 1993); Munroe Mem. Hosp. v. Thompson, 388 So.2d 1338, 1339 (Fla. 1st DCA 1980). Accordingly, given the purpose of the statute, it requires reasonable notice based on all the circumstances. ......
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