Kilyn Construction, Inc./ FRSA SIF v. Dedrick Pierce
200 So. 3d 259
Fla. Dist. Ct. App.2016Background
- Dedrick Pierce was paralyzed below the waist after a 2012 fall; Employer acknowledged obligation to provide handicap-accessible housing and an accessible van and previously supplied a van and paid the differential for accessible apartment rent.
- Pierce lost his accessible apartment, located a four-bedroom house on acreage at $3,500/month, and sought six months’ prepayment ($17,250 after crediting pre-accident housing). He also sought $4,464 to insure his accessible van.
- Employer contested both requests: argued res judicata barred the housing claim based on an earlier JCC order fixing the Employer’s monthly obligation and argued the insurance quote was excessive (asserting reasonable coverage cost under $800).
- The JCC awarded Pierce $17,250 for housing and $4,464 for vehicle insurance, relying in large part on Employer’s failure to assist Pierce in securing housing or insurance.
- The First District reversed, finding the JCC failed to make required factual findings that the specific housing and insurance amounts were reasonable and medically/legally necessary under section 440.13 and controlling precedent; res judicata was rejected because material facts changed since the prior order.
Issues
| Issue | Plaintiff's Argument (Pierce) | Defendant's Argument (Employer) | Held |
|---|---|---|---|
| Whether res judicata bars Pierce’s new housing claim | Prior JCC decision fixed Employer’s obligation; Pierce is entitled to what he now needs | Prior unappealed order established the extent of Employer’s monthly housing obligation | Res judicata does not apply; facts changed (prior housing became unavailable) so claim may proceed |
| Whether JCC properly awarded payment for the proposed $3,500/mo housing | The Employer failed to assist; Pierce reasonably secured needed accessible housing | The requested housing is excessive relative to prior $1,000/mo apartment and not shown necessary | Reversed: JCC abused/erred by not making findings that the specific housing was reasonable and necessary |
| Whether JCC properly awarded $4,464 for vehicle insurance | Employer’s inaction made Pierce procure insurance; award for quoted policy is justified | The quote is excessive and includes unnecessary coverage; reasonable policy available for far less (~$712) | Reversed: JCC failed to identify facts justifying higher-than-minimum coverage; award unsupported |
| Standard for remand and factfinding | N/A (procedural) | N/A | Remand for JCC to determine what housing and insurance are reasonable and necessary with explicit factual findings consistent with statutes and precedent |
Key Cases Cited
- Ramada Inn South Airport v. Lamoureux, 565 So. 2d 376 (Fla. 1st DCA 1990) (employer pays difference between pre-accident and accessible housing rent)
- O’Connor v. N. Okaloosa Med. Ctr., 152 So. 3d 843 (Fla. 1st DCA 2014) (review of res judicata by JCC is de novo)
- Smith v. Time Customer Serv., 132 So. 3d 841 (Fla. 1st DCA 2013) (res judicata requires same operative facts/evidence)
- Peace River Elec. Corp. v. Choate, 417 So. 2d 831 (Fla. 1st DCA 1982) (standard of review: discretion for housing alternative; factual findings reviewed for substantial competent evidence)
- Fitzgerald v. Osceola Cty. Sch. Bd., 974 So. 2d 1161 (Fla. 1st DCA 2008) (claimant bears burden to prove entitlement to workers’ compensation benefits)
- Polk County Bd. of Comm’rs v. Varnado, 576 So. 2d 833 (Fla. 1st DCA 1991) (reversed award of new house where no testimony showed existing home could not be modified)
- Garcia v. Fence Masters, Inc., 16 So. 3d 200 (Fla. 1st DCA 2009) (JCC must make findings showing legal standard applied)
- Timothy Bowser Constr. Co. v. Kowalski, 605 So. 2d 885 (Fla. 1st DCA 1992) (reversed housing award benefits where additional rooms not shown medically necessary)