Caceres v. Sedano's Supermarkets

Citations: 138 So. 3d 1224; 2014 Fla. App. LEXIS 8535; 2014 WL 2479392Docket: No. 1D13-5653

Court: District Court of Appeal of Florida; June 3, 2014; Florida; State Appellate Court

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Claimant appeals the Judge of Compensation Claims (JCC) order denying compensability for injuries claimed under repetitive trauma, with an alleged accident date of September 22, 2003. The JCC ruled the injury report was late, barring the claim, and also addressed reserved claims for attorney's fees and costs. The appellate court reverses the JCC's order, emphasizing that under Section 440.185(1), Florida Statutes (2002), a claimant must report an injury within 30 days of either the injury date or the initial manifestation date, both of which are valid for timely compliance.

The court points out that the JCC incorrectly assumed that any report beyond thirty days from the initial manifestation date was too late, neglecting to consider the date of injury as the last date of exposure to the trauma. The JCC's interpretation misapplies the statute’s plain language, which does not support adding the phrase “whichever occurs first” to the reporting requirements. The court reiterates that clear statutory language should not be altered by judicial interpretation.

The JCC failed to make necessary findings regarding whether Claimant sustained an injury and the appropriate date of injury. Conflicts in testimonies regarding causation remain unresolved, preventing a thorough review of the timeliness of the injury report. Consequently, the court reverses the JCC's order and remands the case for further findings, including the determination of injury and injury date, rendering the denial of attorney's fees moot. The case is sent back for proceedings consistent with the appellate opinion.