Vanguard Pest Control v. Turner

• Decision Date: 13 January 1987
• Docket Number: No. BL-309,BL-309
• Citation: 12 Fla. L. Weekly 246,501 So.2d 66
• Parties: 12 Fla. L. Weekly 246 VANGUARD PEST CONTROL and Claims Center, Appellant, v. Richard R. TURNER, Appellee.
• Court: Florida District Court of Appeals

Page 66

501 So.2d 66

12 Fla. L. Weekly 246

VANGUARD PEST CONTROL and Claims Center, Appellant, v. Richard R. TURNER, Appellee.

No. BL-309.

District Court of Appeal of Florida,

First District.

Jan. 13, 1987.

Rehearing Denied Feb. 16, 1987.

R. Ty Hodges of Miller, Hodges, Kagan & Chait, P.A., Miami, for appellant.

Joseph Hackney, Jr., Miami, for appellee.

MILLS, Judge.

In this workers' compensation appeal from an order awarding temporary total disability (TTD) and permanent total disability (PTD) benefits, as well as ongoing medical treatment, the employer/carrier assert error in the deputy commissioner's failure to find Turner's pre-existing multiple sclerosis (MS) was only temporarily exacerbated by the industrial accident, such that there is no causal connection between the accident and Turner's permanent disability. The employer/carrier submit further error was committed by the deputy commissioner when he failed to apportion Turner's noncompensable, pre-existing physical disability out of the permanent total disability award. We affirm the order on appeal.

Turner was employed as a manager with the employer herein, Vanguard Pest Control, when on 21 March 1984 he fell approximately 12 feet off a patio roof. Turner injured his head and shoulder, fractured several ribs and his pelvic bone, and broke several bones in the fingers of his right hand.

Turner remained off the job for two months, receiving TTD benefits. In June of 1984, he began work with the employer doing sales. However, he subsequently experienced a loss of vision and was admitted to Southeastern Medical Center on 3 July 1984. He was examined by Drs. Rech, Gajic and Surloff, all of whom diagnosed cervical spondylosis and stenosis. Dr. Surloff also noted evidence of brain stem dysfunction which suggested that Turner could be suffering from multiple sclerosis.

The claimant was then referred to Dr. Green, a neurosurgeon, who performed a cervical discectomy and fusion due to a herniated disc. Turner experienced improvement following the surgery and Dr. Green released him to return to work in October 1984. However, in November Turner began having bladder problems, loss of balance, and loss of sight in his right eye. He was referred to Dr. Kelly for consultation and readmitted to the hospital, at which time a diagnosis of multiple sclerosis was made. Turner has continued under Dr. Kelly's care since that time and has not returned to work since November of 1984.

An order was entered on 3 February 1986, finding Turner was PTD, and that the trauma of his industrial accident and subsequent surgery aggravated his pre-existing MS, such that Turner's MS was causally related to his on-the-job accident. The deputy commissioner further found that Turner had a 10% impairment...