CASTLE GARDEN EXXON AND THE FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT C/O ORION GROUP, APPELLANTS,
v.
JOSEPH CAMPBELL AND THE DIVISION OF WORKERS COMPENSATION, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, STATE OF FLORIDA, APPELLEES
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In this workers' compensation appeal, Castle Garden Exxon and its insurer appealed a deputy commissioner's decision requiring continued medical treatment for an employee's work-related injuries. Although the parties settled the compensation benefits issue via lump sum agreement, the court affirmed the deputy's findings on the remaining medical causation and treatment issues.
The court affirmed the deputy commissioner's order, holding that competent and substantial evidence supports the findings that claimant's injuries were causally related to the accident and that continued treatment with Dr. Burgess was in the claimant's best interest.
[1] A joint petition and stipulation for a lump sum payment of compensation, which explicitly excludes future medical benefits, does not affect the appeal of medical issues,…
[2] Competent and substantial evidence supports a deputy commissioner's findings that a claimant's injuries to the right upper extremity, including the elbow, shoulder, and n…
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Join FLexlaw to unlock all legal intelligence“competent and substantial evidence supports the deputy commissioner's findings that claimant's injuries to his right upper extremity, including his elbow, shoulder, and neck, were causally related to the accident of January 30, 1985”
Establishes the court's holding that the causal connection between the work accident and the claimed injuries is supported by sufficient evidence
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJoseph Campbell was injured in an accident on January 30, 1985, suffering injuries to his right upper extremity including his elbow, shoulder, and nec…
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WIGGINTON, Judge.
Before us is a workers’ compensation appeal wherein the parties, after the appeal was filed, entered into a “Joint Petition and Stipulation for Lump Sum Payment of Compensation and Absolute Discharge of Compensation Pursuant to F.S. 440.-20(12)(a).” The joint petition and stipulation specifically provided that the employee shall receive a lump sum for all compensation benefits past, present, and future, with the exception of future medical benefits, but that the settlement would not affect the medical issues that are presently on appeal, including all attorney’s fees which may be due regarding the litigation pertaining to the medical causation issue, as well as regarding the appeal. As to those latter issues, we hold that competent and substantial evidence supports the deputy commissioner’s findings that claimant’s injuries to his right upper extremity, including his elbow, shoulder, and neck, were causally related to the accident of January 30, 1985, and that it was in claimant’s best interest to continue treatment with Dr. Darrell Burgess.
Accordingly, we affirm his order granting continuing medical treatment for injuries to claimant’s right upper extremity, including the elbow, shoulder, and neck, through the office of Dr. Burgess, and directing the employer/carrier to pay claimant future medical and travel expenses relating to those injuries, as well as all medical benefits due from July 28, 1986, the date the carrier deauthorized Dr. Burgess. We approve the award of attorney’s fees to claimant’s attorney. See § 440.34(3)(c), Fla.Stat. (1983). Claimant shall also be entitled to fees on appeal.
AFFIRMED.
BOOTH and BARFIELD, JJ., concur.