State, Hendry County Correctional Institute, Division of Risk Management v. Hughes, AD-256

• Decision Date: 14 April 1982
• Docket Number: No. AD-256,AD-256
• Citation: 412 So.2d 922
• Parties: STATE of Florida, HENDRY COUNTY CORRECTIONAL INSTITUTE, DIVISION OF RISK MANAGEMENT (self-insured), Appellant, v. Danny R. HUGHES, Appellee.
• Court: Florida District Court of Appeals

Page 922

412 So.2d 922

STATE of Florida, HENDRY COUNTY CORRECTIONAL INSTITUTE, DIVISION OF RISK MANAGEMENT (self-insured), Appellant, v. Danny R. HUGHES, Appellee.

No. AD-256.

District Court of Appeal of Florida, First District.

April 14, 1982.

R. David Donlin of Vernis, Bowling, West, Montalto & Goodman, Miami, for appellant.

David McDonald of McDonald & McDonald, Miami, for appellee.

PER CURIAM.

Following an emergency hearing, the deputy commissioner ordered the employer/carrier to pay for claimant's transportation by ambulance to his father's funeral, to be held a distance of approximately 125 miles from where the claimant was hospitalized. The employer/carrier appealed. We have jurisdiction. ¹ We reverse.

The facts are not in dispute. ² The claimant suffered a compensable industrial accident which required back surgery. Following the surgery, while the claimant was still in the hospital, his father died. Dr. Hall, the surgeon who performed claimant's operation, was unwilling to allow claimant to attend his father's funeral unless he was transported to and from the funeral by ambulance. The deputy commissioner convened an emergency hearing for the sole purpose of determining whether the employer/carrier should be required to pay for this transportation. Dr. Hall was the only witness. He testified that claimant was very close to his father, that claimant had a psychiatric condition which predated and was unrelated to his industrial accident, that he would suffer major psychiatric problems if he was unable to attend his father's funeral, and that these problems may impede his recovery from surgery. The deputy commissioner found that it would be in the best interest of all parties that claimant attend his father's funeral, and ordered the employer/carrier to pay the costs of transportation.

The employer/carrier is required to furnish an injured employee "such remedial treatment, care, and attendance under the direction and supervision of a qualified physician or surgeon, or other recognized practitioner, nurse, or hospital, and for such period as the nature of the injury or process of recovery may require, including medicines, crutches, artificial members, and other apparatus." ³ In addition, "(a)n injured employee is entitled, as part of his remedial treatment, care, and attendance, to reasonable actual costs of transportation to and from the doctor's office, hospital, or other place of treatment by the most economical means of transportation available and suitable in the individual case." Section 440.13(4), Florida Statutes (1977).

The...