CITY OF MIAMI BEACH AND SOUTHERN FIRE ADJUSTERS, APPELLANTS,
v.
CHARLES GARABEDIAN, APPELLEE

Fla. 1st DCA | 1987-08-07
No. BO-453
WENTWORTH and BARFIELD, JJ., concur.
511 So. 2d 670 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 2 cases

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Synopsis

In this workers' compensation appeal, the court addressed whether a carrier that paid benefits after a second industrial accident could be reimbursed by the carrier from the first accident. The court held that reimbursement for compensation benefits was properly denied because they were paid while the employee received full salary, but reversed the denial of reimbursement for medical benefits due to insufficient medical evidence.


Holding

The court affirmed the denial of reimbursement for compensation benefits because they were not due—carrier 2 voluntarily paid benefits while the claimant received full salary. The court reversed the denial of reimbursement for medical benefits because the deputy improperly relied on an isolated ambiguous medical opinion rather than considering all medical testimony, which showed the claimant had fully recovered from the second accident.


Headnotes

[1] A workers' compensation carrier cannot seek reimbursement for compensation benefits voluntarily paid when the claimant was already receiving full salary from the employer…

[2] A workers' compensation statute providing for gratuitous payments applies only when a case is contested and benefits are paid thereafter.

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Key Quotes

“The benefits paid, therefore, were not due and carrier 1 cannot be required to reimburse carrier 2 for them.”

Establishes that improperly paid compensation benefits cannot form the basis for reimbursement

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Facts & Procedural History

A claimant suffered an industrial accident in 1982 and a second accident in 1985. The carrier on risk at the time of the second accident (carrier 2) s…

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Opinion of the Court
MILLS, Judge.

MILLS, Judge.

The claimant in this workers’ compensation appeal was involved in an industrial accident in 1982. In 1985, he was involved in a second industrial accident. The carrier on the risk at the time of the second accident (carrier 2) sought reimbursement, pursuant to section 440.42(3), Florida Statutes, from the carrier on the risk at the time of the first accident (carrier 1) for compensation and medical benefits paid by carrier 2 after the date carrier 2 contended the claimant had fully recovered from the second accident. The deputy commissioner denied reimbursement.

The deputy properly denied reimbursement for compensation benefits for the period claimed. The record shows carrier 2 voluntarily paid temporary total disability benefits, the compensation benefits in question, during a period when the claimant was receiving his full salary from the employer. The benefits paid, therefore, were not due and carrier 1 cannot be required to reimburse carrier 2 for them. Miami-Dade Water & Sewer Authority v. Leech, 447 So. 2d 979 (Fla. 1st DCA 1984).

Carrier 2 argues that it was obligated to pay compensation benefits for the period in question and that, pursuant to section 440.-20(15), Florida Statutes, the only gratuitous payments were those wages paid by the employer exceeding the amount of compensation paid or awarded. Section 440.20(15), however, by its own terms applies only when the case is contested and benefits are paid thereafter. There is nothing in the record indicating such was the case here. It was error for the deputy to deny reimbursement for medical benefits paid by carrier 2 for the period claimed. In denying reimbursement for these benefits, the deputy relied on an equivocal response from the sole medical witness, to a single hypothetical question, to find that the second accident continued as the cause of the claimant’s condition. It was clear from this witness’s testimony as a whole, and his medical reports, that he was of the opinion that the claimant fully recovered from any effects of the second accident prior to the period for which reimbursement was claimed.

Although it is within the province of the deputy to unravel apparent conflicts in medical testimony, V.J. Growers Supply v. Newsome, 496 So. 2d 234 (Fla. 1st DCA 1986), the deference shown a deputy in such matters is not absolute:

Where only a single medical expert testifies concerning a particular medical question, and where that expert’s testimony is vague, uncertain, or ambiguous, the deputy should refrain from relying on isolated portions of the testimony and instead should consider all of the testimony and attempt to distill from it the • essence of what the expert is attempting to say.

Sabre Marine v. Feliciano, 461 So. 2d 985, 987 (Fla. 1st DCA 1984).

The denial of reimbursement for compensation benefits is AFFIRMED; the denial of reimbursement for medical benefits is REVERSED.

WENTWORTH and BARFIELD, JJ., concur.


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Citator

Cited By

  • Atlas van Lines & Alexsis, Inc. v. Jackson, 642 So. 2d 603 (Fla. 1st DCA 1994)
    …or continuing orthopedic care reverted to Inland and CNA, once Jackson attained maximum medical improvement from the second accident, in accordance with the terms of their settlement agreement with Mr. Jackson. See City of Miami Beach v. Garabedian, 511 So. 2d 670 (Fla. 1st DCA 1987). Atlas and Alexsis’ claim for a retroactive social security offset is without merit. See Horton v. Martin Memorial Hosp., 610 So. 2d 1352 (Fla. 1st DCA 1992). REVERSED and REMANDED. BOOTH and MICKLE, JJ., concur.…

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