SUGAR CANE GROWERS CO-OP OF FLORIDA AND ADJUSTCO, INC., APPELLANTS,
v.
MARK E. SUTTERFIELD, APPELLEE

Fla. 1st DCA | 1986-07-09
No. BI-873
SMITH and WIGGINTON, JJ., concur.
490 So. 2d 1350 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 2 cases

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Synopsis

In this workers' compensation case, the court addressed whether an employer must reimburse rehabilitation expenses for a nutrition course undertaken by an injured claimant without prior approval, and whether wage loss benefits are owed for sheltered employment. The court affirmed the denial of the employer's appeal regarding the nutrition course but reversed and remanded on the claimant's cross-appeal regarding rehabilitation reimbursement and wage loss benefits.


Holding

The court held that the deputy commissioner has authority to grant retroactive approval to rehabilitation plans initiated by claimants and erred in concluding otherwise. The court reversed and remanded the issues concerning rehabilitation reimbursement and wage loss benefits for reconsideration in light of applicable law, while affirming the denial of rehabilitation benefits on the employer's appeal.


Headnotes

[1] A deputy commissioner may grant retroactive approval to a rehabilitation plan initiated by a claimant.

[2] A claimant's attendance at a rehabilitation course may be compensated even if not pre-approved by the employer or the deputy commissioner.

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Key Quotes

“This statement indicates the deputy commissioner misunderstood the applicable law.”

The court identified the deputy's fundamental legal error regarding authority to retroactively approve rehabilitation plans.

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Facts & Procedural History

The claimant was injured while working for Sugar Cane Growers Co-Op and voluntarily terminated employment due to potentially dangerous working conditi…

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Opinion of the Court
JOANOS, Judge.

JOANOS, Judge.

The employer and carrier in this workers’ compensation case appeal an order awarding rehabilitation in the form of expenses for a course in nutrition. The claimant cross appeals the denial of reimbursement for rehabilitation undertaken at claimant’s own expense, and the denial of wage loss benefits for the time period claimant worked in sheltered employment for his father-in-law. We affirm the issue raised on appeal, but reverse and remand the issues on cross appeal.

The deputy commissioner indicates in his order that the claimant acted reasonably in voluntarily terminating his employment because the working conditions attendant upon the job provided by Sugar Cane Growers Co-Op placed claimant in a potentially dangerous situation. Nevertheless, the deputy commissioner felt claimant’s attendance at a three-month massage course constituted a voluntary limitation of income, and found that claimant was not entitled to compensation benefits for this period. As an additional ground for denial of rehabilitation benefits, the deputy commissioner observed that “claimant apparently made no attempt to have either the employer/servicing agent or the undersigned approve this program as an authorized rehabilitation course before entering.” The final reason relied upon by the deputy commissioner to deny reimbursement for claimant’s three month course was the deputy’s view that “[t]he law does not provide for rehabilitative temporary total disability benefits to be paid for a course retroactively designated as an approved course.”

This statement indicates the deputy commissioner misunderstood the applicable law. See: C & H Construction v. Leyman, 453 So. 2d 1163 (Fla. 1st DCA 1984). We conclude the deputy commissioner’s erroneous conclusion that he lacked authority to grant retroactive approval to a rehabilitation plan initiated by a claimant may have been the deciding factor in his denial of compensation benefits for the program undertaken by this claimant. We are further persuaded to this view because the deputy commissioner approved the claimant’s request for additional rehabilitation pursuant to Section 440.49(l)(d) and (e), Florida Statutes.

The denial of wage loss benefits for the period when claimant worked in “sheltered employment” for his father-in-law is related to the reasonableness of the claimant’s voluntary termination of employment with Sugar Cane Growers Co-Op. Therefore, we reverse and remand on both issues raised by claimant on cross appeal for the deputy commissioner’s reconsideration and determination in light of this court’s discussion and the holding in C & H Construction v. Leyman. In all other respects the deputy commissioner’s order is affirmed.

Reversed and remanded for proceedings consistent with this opinion.

SMITH and WIGGINTON, JJ., concur.


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Citator

Cited By

  • NEW Wales Chems., Inc. v. Parks, 518 So. 2d 360 (Fla. 1st DCA 1987)
    …the deputy commissioner has been persuaded that the rehabilitation services were necessary, the deputy has the authority and discretion to retroactively approve the previously unauthorized rehabilitation services. Sugar Cane Growers v. Sutterfield, 490 So. 2d 1350 (Fla. 1st DCA 1986). AFFIRMED. WENTWORTH and NIMMONS, JJ., concur.…

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