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Peace River Elec. Corp. v. Choate

District Court of Appeal of Florida, First District
Aug 5, 1982
417 So. 2d 831 (Fla. Dist. Ct. App. 1982)

Summary

finding that unique circumstances were sufficient reason why existing home could not be modified

Summary of this case from Adams Bldg. Materials v. Brooks

Opinion

No. AI-332.

August 5, 1982.

Appeal from the Deputy Commissioner.

Ivan Matusek, St. Petersburg, for appellants.

Richard A. Kupfer, of Cone, Wagner, Nugent, Johnson, Hazouri Roth, P.A., West Palm Beach, for appellee.


To forestall what appears to be an incipient creeping of hybrid case law into the field of workers' compensation, this Court has grown increasingly more reticent to recite facts that would lend themselves as a potent source of fertilizer to nurture budding compensation disputes. Nevertheless, despite the risk that we may be plowing fertile grounds for litigious seed, we are strongly impelled to set forth our holding today as we affirm the deputy commissioner's order. The circumstances of this case are unique and fraught with human misery, and we caution that this opinion should not be loosely interpreted by practitioners in the workers' compensation field.

Claimant was left a paraplegic and confined to a wheelchair as a result of a compensable industrial accident in 1975. He had worked as a lineman for Peace River Electric Corporation for eighteen years, and was working in that capacity on the day of the accident when he fell fifteen feet from a power pole to land on his back on a protruding pedestal stub. He is now fifty-seven years old.

Claimant was accepted as permanently and totally disabled. He has lost all sensation and control from his waist downward, including control over bowel and bladder functions. There is no prospect for improvement. The carrier acknowledges that some form of special housing accommodations are required for Choate.

Claimant is presently existing by himself in a dilapidated makeshift dwelling consisting of an ancient trailer and a ramshackle wooden shed that are difficult or impossible to negotiate by wheelchair. Pursuant to his claim, the deputy awarded claimant an "Enabler II" modular home, specifically designed as a wheelchair-accessible environment. All title and right of ownership would remain in the carrier but claimant would be entitled to live in the home rent free. Major maintenance would be the responsibility of the carrier. Additionally, the carrier would provide adequate insurance, while claimant assumed liability for all real estate taxes and assessments on the property. In the event claimant failed to pay such taxes and assessments and they became a lien on the property, the carrier would pay them and be entitled to deduct the same from the permanent disability benefits being paid to claimant. Finally, in the event of claimant's voluntarily electing other housing, or upon his death, the carrier would have the right to enter upon the premises and remove the modular home.

The employer/carrier contend the deputy should have accepted their suggested alternative of remodeling claimant's existing dwelling. It is patently clear from the record, however, that nothing short of bulldozing the dwelling would serve to remedy the situation. The deputy did not abuse his discretion in awarding Choate use of the modular home. Clearly, claimant has presented a "set of extremely unique circumstances" combined with a "request for highly extraordinary relief" allowing his cause to fall within the narrow prescripts enunciated in this Court's decision in Haga v. Clay Hyder Trucking Lines, 397 So.2d 428 (Fla. 1st DCA 1981).

Again, we caution that only extreme cases of disability might warrant such extraordinary relief. The order of the deputy commissioner is hereby affirmed.

SHIVERS and SHAW, JJ., concur.


Summaries of

Peace River Elec. Corp. v. Choate

District Court of Appeal of Florida, First District
Aug 5, 1982
417 So. 2d 831 (Fla. Dist. Ct. App. 1982)

finding that unique circumstances were sufficient reason why existing home could not be modified

Summary of this case from Adams Bldg. Materials v. Brooks

concluding JCC did not abuse discretion in awarding claimant modular home versus remodeling claimant's existing residence because it was “patently clear from the record ... that nothing short of bulldozing the dwelling would serve to remedy the situation”

Summary of this case from Kilyn Constr., Inc. v. Pierce

upholding award of wheelchair accessible modular home to paraplegic employee under workers’ compensation act

Summary of this case from Young v. Dist. of Columbia Dep't of Emp't Servs.

In Peace River Elec. Corp. v. Choate, 417 So.2d 831 (Fla. Dist.Ct.App. 1982), petition for review dismissed, 429 So.2d 7 (Fla. 1983), the court ordered that claimant be awarded rent-free use of a wheelchair-accessible modular home to replace the dilapidated wood shed he had been occupying.

Summary of this case from Squeo v. Comfort Control Corp.

In Peace River Elec. Corp. v. Choate, supra, 417 So.2d at 832, the court emphasized that "[c]learly, claimant has presented a `set of extremely unique circumstances' combined with a `request for highly extraordinary relief' * * *. Again, we caution that only extreme cases of disability might warrant such extraordinary relief."

Summary of this case from Squeo v. Comfort Control Corp.

cautioning that "only extreme cases of disability might warrant such extraordinary relief" and that its decision "should not be loosely interpreted by practitioners"

Summary of this case from All Clear Locating v. Shurrum

ordering that claimant be awarded rent-free use of a wheelchair-accessible modular home where his home could not be remodeled

Summary of this case from Hall v. Fru Con Construction Corp.

In Peace River Elec. Corp. v. Choate, 417 So.2d 831 (Fla. 1982), the District Court of Appeals of Florida upheld an award of a rent-free, wheelchair-accessible home supplied by the employer.

Summary of this case from Pringle v. Mayor c. of the City of Savannah

In Choate, a paraplegic claimant sought an "Enabler II," while the E/C offered to modify claimant's existing conventional home.

Summary of this case from Gilley Trucking Co. v. Morrell

In Peace River Electric Corp. v. Choate, 417 So.2d 831 (Fla. 1st DCA 1982), this court upheld an award of a rent-free, wheelchair-accessible, modular home supplied by the carrier to a claimant.

Summary of this case from Polk County Bd. of Com'rs v. Varnado

In Peace River Electric Corp., upon which appellants also rely, the claimant was a paraplegic confined to a wheelchair as a result of a compensable accident.

Summary of this case from R T Construction v. Judge
Case details for

Peace River Elec. Corp. v. Choate

Case Details

Full title:PEACE RIVER ELECTRIC CORP. AND EMPLOYERS INSURANCE OF WAUSAU, APPELLANTS…

Court:District Court of Appeal of Florida, First District

Date published: Aug 5, 1982

Citations

417 So. 2d 831 (Fla. Dist. Ct. App. 1982)

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R T Construction v. Judge

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Squeo v. Comfort Control Corp.

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