Wal Mart Stores, Inc. v. Brewer
| Decision Date | 04 January 1995 |
| Docket Number | No. 93-2765,93-2765 |
| Citation | 648 So.2d 264 |
| Parties | 20 Fla. L. Weekly D124 WAL MART STORES, INC. and Corporate Service, Inc., Appellants, v. Rita BREWER, Appellee. |
| Court | Florida District Court of Appeals |
Michael S. Waranch and William H. Rogner of Hurley & Rogner, P.A., Orlando, for appellants.
Alfred J. Hilado of Kelaher & Wieland, P.A., Orlando, and Bill McCabe, Longwood, for appellee.
Appellee Rita Brewer sought and obtained workers' compensation benefits for right and left side carpal tunnel syndrome. We reverse and remand because the compensation order entered by the judge of compensation claims (JCC) contains no findings relative to the compensability of carpal tunnel syndrome in Brewer's left wrist.
Brewer sought compensation for right and left carpal tunnel syndrome, alleged to be causally related to her work as a sales associate at an Orlando Wal Mart. Several days after the merits hearing, JCC Charles C. Hurt issued a letter ruling making three enumerated findings:
1) Claimant had preexisting conditions of bilateral carpal tunnel syndrome whose etiology is unknown.
2) During an accident in which the claimant suffered various injuries, she suffered a blow to her right hand which aggravated her preexisting condition to the point which requires surgery. I find that the current condition of her right hand is thus related to her industrial accident and thus compensable ...
3) Claimant is entitled to all the medical expenses she has incurred in relation to treatment of her right arm and hand and is entitled to the future expenses due to her injury.
The JCC requested claimant's lawyer to prepare an order. After receipt of the proposed order, counsel for Wal Mart objected, pointing out that the order "makes both the left side and the right side compensable." The JCC scheduled a conference hearing and afterwards signed an order finding compensability as to the right side only. After an exchange of correspondence between the lawyers, and yet another hearing, the JCC vacated the first compensation order and entered a new one. The new order made factual findings identical to the vacated order; the decretal portion, however, awarded compensation for left carpal tunnel syndrome. None of the findings address the causation issue for the left side.
Neither the original order nor the order on appeal elucidate any of the expert testimony or theories under which Brewer sought compensation for the left side. We are thus constrained by the following pronouncement of our supreme court:
We have many times stressed the importance of adequate factual findings as an essential element of the deputy's order. Section 440.25(3)(c), Florida Statutes, FSA (now section 440.25(3)(e), Florida Statutes (1993)), makes it clear that the order shall contain "a statement of the findings of fact and other matters pertinent to the questions at issue...."
In ...
To continue reading
Request your trial
-
Town of Jupiter v. Andreff
...evidence, that an actual emergency exists and state sufficient facts to support this finding. See Wal Mart Stores, Inc. v. Brewer, 648 So.2d 264, 265 (Fla. 1st DCA 1995); Harrison v. Florida State Hosp., 631 So.2d 318, 318 (Fla. 1st DCA 1994); Perez v. Tropicana Prods., Inc., 496 So.2d 967,......
-
Herrera v. Hojo Inn Maingate
...importance of adequate factual findings as an essential element of an order entered by the JCC. See, e.g., Wal Mart Stores, Inc. v. Brewer, 648 So.2d 264, 265 (Fla. 1st DCA 1995); Hanna v. Industrial Labor Serv., Inc., 636 So.2d 773, 776 (Fla. 1st DCA 1994); Courtesy Corp. v. Holland, 538 S......