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Jones v. Mark III Industries, Inc.
Citations: 589 So. 2d 308; 1991 Fla. App. LEXIS 6711; 1991 WL 126675Docket: No. 90-02892
Court: District Court of Appeal of Florida; July 12, 1991; Florida; State Appellate Court
The court reversed the decision of the judge of compensation claims (JCC) regarding the denial of benefits under Section 440.15(3)(a) of the Florida Statutes, which provides for additional compensation for permanent impairments due to amputations. The appellant, an employee of Mark III Industries, Inc., sustained injuries on August 8, 1986, resulting in the severing of his left ring and middle fingers while operating a radial saw. Although the middle finger was surgically reattached, the appellant did not regain full use of it. The employer/carrier (E/C) paid amputation benefits for the ring finger but disputed the claim for the middle finger. The JCC denied benefits for the middle finger, citing the surgical reattachment as a reason for the denial. However, the court found that the statute clearly states that additional compensation is warranted for permanent impairments due to amputation, regardless of surgical reattachment. The evidence showed that the appellant did indeed suffer a permanent impairment due to the amputation of his middle finger, leading to the reversal of the JCC's order. The case was remanded for the award of benefits for the amputation of the middle finger. The motion for rehearing by the appellees was denied, and several judges concurred with the decision.