Palm Beach County Bd. of County Com'rs v. Roberson, BH-350

• Decision Date: 27 August 1986
• Docket Number: No. BH-350,BH-350
• Citation: 500 So.2d 180,11 Fla. L. Weekly 1867
• Parties: 11 Fla. L. Weekly 1867 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant, v. Sidney ROBERSON, Appellee.
• Court: Florida District Court of Appeals

Page 180

500 So.2d 180

11 Fla. L. Weekly 1867

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant, v. Sidney ROBERSON, Appellee.

No. BH-350.

District Court of Appeal of Florida First District.

Aug. 27, 1986.

Rehearing Denied Oct. 14, 1986.

David A. Danielson, West Palm Beach, for appellant.

Steven P. Cullen, of Hoadley & Gavigan, West Palm Beach, for appellee.

FRANK, Associate Judge.

The appellant, Palm Beach County Board of County Commissioners (Palm Beach), appeals from the deputy commissioner's order entered on June 5, 1985, awarding the appellee, Sidney Roberson (claimant), temporary total disability (TTD) benefits based upon a change in his condition.

On October 28, 1976, the claimant suffered a compensable injury resulting from an accident which arose out of and in the course of his employment with Palm Beach. As a result, he underwent surgery involving a total hip replacement.

The claimant received temporary disability and medical benefits until the deputy commissioner entered an order on December 29, 1980, setting the date of maximum medical improvement (MMI) as August 12, 1980, finding a 40% permanent partial disability and awarding permanent partial disability (PPD) benefits. In 1981, the claimant underwent additional surgery to remove bone fragments from his hip. Benefits paid pursuant to the 1980 order terminated on September 17, 1982.

On December 19, 1983, a hearing was conducted to resolve the claimant's request for additional TTD benefits until he completed a job retraining course designed to equip him to obtain a less physically demanding job. After considering the evidence the deputy commissioner approved a rehabilitation program in which the claimant was enrolled. An order was entered on January 11, 1984, awarding TTD benefits to the claimant for the duration of the rehabilitation program. The deputy commissioner noted in that order, from which Palm Beach did not appeal, that the award was consistent with sections 440.15(2)(b) and 440.49, Florida Statutes (1975). The deputy commissioner incorporated the December 29, 1980, order, by reference, in the January 11, 1984 order.

Benefits paid pursuant to the 1984 order ended on October 8, 1984. On June 5, 1985, the claimant filed a claim, framed as a modification of the 1980 order, requesting TTD benefits based upon a change in his condition. Palm Beach opposed the claim contending that the statute of limitations, section 440.28, Florida Statutes (1975), foreclosed modification of the 1980 order. ¹ According to competent and substantial expert testimony accepted by the deputy commissioner, the hip arthroplasty performed on the claimant due to the original injury had loosened causing the claimant not only pain, but also rendering him temporarily and totally disabled since October 9, 1984. The testimony credited by the deputy commissioner disclosed the claimant's need for additional hip surgery. Based upon the foregoing facts, the deputy commissioner entered an order awarding the claimant TTD benefits flowing from a change in his condition.

From among the several issues presented by Palm Beach on appeal, we distill only one warranting analysis. We affirm the deputy commissioner.

Upon consideration of the present record, the threshold question confronting us is whether the 1984 order falls within the intendment of "any compensation order" referred to in section 440.28, Florida Statutes (1975). If the 1984 order granting TTD benefits until October 8, 1984, is encompassed within that statutory phrase, it, and not the 1980 order, is the starting point in determining the effective moment of the two year limitation prescribed in section 440.28.

In awarding the claimant benefits in 1984, the deputy commissioner relied upon section 440.15(2)(b), Florida Statutes (1975), which provides that "compensation shall be paid ... [for] ... such period as may be reasonably required ... and shall include such period as the employee may be receiving training or education under a rehabilitation program." Consistent with the supreme court's most recently expressed views associated with the administration of Chapter 440, "[w]hen the language of a statute is clear, courts may not look beyond the plain meaning of that language" and "given the unambiguous language of [section 440.28], it would be inappropriate for us to read into [it] more obstacles for claimants than" the provision demands. Daniel v. Holmes Lumber Co., 490 So.2d 1252 (Fla.1986). Moreover, even if there were ambiguity or other uncertainty arising from the interaction of sections 440.15(2)(b) and 440.28, "Florida's workers' compensation laws are remedial in nature and the courts should resolve any doubts as to statutory construction in favor of providing benefits to injured workers." At 1256. Within the confines of those principles, we conclude that the reference in section 440.15(2)(b) to the...