Willingham v. Boynton Service Corp., QQ-498
| Decision Date | 06 May 1980 |
| Docket Number | No. QQ-498,QQ-498 |
| Citation | 383 So.2d 710 |
| Parties | Forrest WILLINGHAM, Appellant, v. BOYNTON SERVICE CORPORATION and Liberty Mutual Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Eugene L. Heinrich of McCune, Hiaasen, Crum, Ferris & Gardner, Fort Lauderdale, for appellant.
Robert H. Gregory, Miami, for appellees.
Appellant, Willingham, appeals from an order of the Judge of Industrial Claims which denied appellant's claim for temporary total disability benefits, permanent partial disability benefits, and medical expenses for a spinal fusion and subsequent treatment. We find that the evidence shows the accident which prompted the claim was causally related to Willingham's need for the spinal fusion and subsequent treatment. Therefore, we reverse.
On June 19, 1977, Willingham injured his lower back in a work-related accident when he was employed by appellee Boynton Service Corporation, a company of which he was president. Willingham had previously, in 1973, injured his lower back in a work-related accident, when he was employed by Green Acres Sod, a company of which he also was president. After treatment for that earlier injury, Willingham's doctor discharged him, giving him a 35% permanent functional impairment rating. In 1975, Willingham entered into a wash-out settlement as to that injury for the sum of $14,000, $1,000 of which was allocated to "future medical expenses." The evidence shows that after that first accident, Willingham returned to work and was able to perform fully his duties. He testified that his back gradually improved and that from 1975 until June 1977 he constantly improved and extended his work and off-duty activities. He testified that he even engaged in bike riding, swimming, hunting and bowling. He also testified that in September 1976 he consulted an orthopedic specialist Dr. Rahilly, to see if anything could be done "to help me get rid of this pain if it continued to progress." Dr. Rahilly testified that when he saw Willingham in September 1976 he told him that his back condition would probably get worse as time went on and that the "only way out was to have a spinal fusion operation." Willingham testified that before the second accident, he would not consider the fusion surgery.
After the 1977 accident, Willingham was treated by other doctors with physiotherapy but also returned to Dr. Rahilly. He and Dr. Rahilly testified that Willingham was much worse after the 1977 accident.
In November 1977, Willingham had the spinal fusion surgery. As a result of the surgery, Willingham could not fully perform his job for the following eight months, after which he was able to gradually assume more duties. Employer paid Willingham his salary for the months he was temporarily disabled.
Dr. Rahilly testified that the...
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...to the work activities undertaken by claimant in 1982 and 1983. We therefore find this case more akin to Willingham v. Boynton Service Corp., 383 So.2d 710 (Fla. 1st DCA 1980), rev. denied, 392 So.2d 1372 (Fla.1980), than cases such as Magic City Bottle & Supply Company, supra, in that the ......
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...is not supported by competent substantial evidence. Standard Oil Co. v. Gay, 118 So.2d 212 (Fla.1960); see Willingham v. Boynton Service Corp., 383 So.2d 710 (Fla. 1st DCA), rev. denied, 392 So.2d 1372 In the instant case, the deputy commissioner's finding of no causal relationship between ......
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...not supported by competent substantial evidence. Standard Oil Company v. Gay, 118 So.2d 212 (Fla.1960); See: Willingham v. Boynton Service Corporation, 383 So.2d 710 (Fla. 1st DCA), rev. denied, 392 So.2d 1372 (Fla.1980)." McCandless v. M. M. Parrish Construction, 449 So.2d 830, 834 (Fla. 1......
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