Williams v. American Sur. Co. of N.Y.

• Decision Date: 22 January 1958
• Docket Number: No. 107,107
• Parties: Aaron WILLIAMS, Petitioner, v. AMERICAN SURETY COMPANY OF NEW YORK, H & H Gulf Service Station and Florida Industrial Commission, Respondent.
• Court: Florida District Court of Appeals

Page 877

99 So.2d 877

Aaron WILLIAMS, Petitioner, v. AMERICAN SURETY COMPANY OF NEW YORK, H & H Gulf Service Station and Florida Industrial Commission, Respondent.

No. 107.

District Court of Appeal of Florida, Second District.

Jan. 22, 1958.

Brown, Dean, Adams & Fischer, Miami, for petitioner.

Blackwell, Walker & Gray, Miami, for respondents, American Surety Co. of N. Y. and H & H Gulf Service Station.

Burnis T. Coleman and Rodney Durrance, Tallahassee, for respondent Fla. Industrial Commission.

SMITH, CULVER, Associate Judge.

The Petitioner, Aaron Williams, was severely burned in the course of his employment, was hospitalized approximately nine months, and underwent extensive medical care, both at the hospital and at his home after his discharge. Respondents furnished hospital and medical care, paid petitioner 68 weeks for temporary total disability, and 227 1/2 weeks permanent partial disability, a total of 295 1/2 weeks compensation.

Upon the hearing of Petitioner's claim for additional benefits, the Deputy Commissioner found, among other things, that Claimant was entitled to 54 1/2 weeks additional compensation for temporary total disability; that his wife was entitled to $5 per day, for 200 days, because of nursing services she rendered; that Petitioner was entitled to $2,000 for facial disfigurement. These allowances were ordered by the Deputy Commissioner, together with an attorney's fee of $1,500.

Upon review by the Full Commission, an Order was entered disallowing the additional 54 1/2 weeks compensation for temporary total disability and the award for nursing services. The Full Commission modified the award for facial disfigurement reducing it to 54 1/2 weeks compensation, and reduced the attorney's fee to $500. Petitioner then brought his Writ of Certiorari and asks this Court to re-instate the award of the Deputy Commissioner.

With reference to the question of 54 1/2 weeks additional temporary total disability, we find the evidence to consist of the reports of three doctors, which reports were admitted in evidence before the Deputy, and which refer to maximum recovery and the percentage of permanent partial disability. The first report, that of the attending physician, discharged Petitioner as having reached maximum recovery on November 9, 1951, with a 50% permanent partial disability. The Carrier's physician made an examination on January 29, 1952 and reported that Petitioner had reached maximum recovery with a permanent partial disability rating of 65%, including the cosmetic difficulties. A third examination was made by another doctor on August 1, 1956, who confirmed the 65% permanent total disability and stated that maximum recovery had been reached without attempting to state the date. The Carrier has paid compensation for 65% permanent partial disability, and has paid temporary total disability benefits until December 18, 1951. Under the evidence as related, we agree with the Full Commission that the Deputy's Award in this respect is not supported by competent substantial evidence.

As to the question of an award to Petitioner's wife for nursing services, the Full Commission's holding denying such an award appears to be correct. There is no evidence in the record that the employer or carrier had any notice of the necessity for such services, nor that Petitioner requested them. Petitioner points out in his brief that Sec. 440.13, F.S.A. provides for nursing services, even without a request, if the nature of the injury requiring it is within the...