388 So. 2d 1372 | Fla. Dist. Ct. App. | 1980
Appellant, Special Disability Trust Fund of the State of Florida, appeals from a workers’ compensation ruling that the Special Disability Trust Fund is liable pursuant to § 440.49, Florida Statutes, for reimbursement to the employer/carrier, appellee, for a claimant’s injuries. The evidence is inadequate to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury that claimant’s pre-existing physical condition was permanent and was, or was likely to be, a hindrance or obstacle to employment, as required by § 440.49(4)(f)l for recovery under the Special Disability Trust Fund. Therefore, we reverse.
In September 1974, the claimant sustained injuries when he inhaled chlorine gas while on duty as a sergeant with the Hialeah Police Department. Upon his return to work, the police chief assigned him to indoor work at the jail instead of his usual outdoor work. The personnel supervisor at the police department, Miss Burgin, who had no authority to hire or fire claimant, testified that after the 1974 accident, she observed that the claimant had emotional problems. She testified that she had discussed his emotional problems with the police chief and that she felt the chief’s decision to assign claimant to indoor work was a direct result of the information she gave him regarding the claimant’s emotional problems. She was unaware of any medical reports recommending that claimant be given inside work, and she was unaware that the police chief had received any medical reports concerning the claimant’s condition.
In February 1975, the claimant inhaled smoke as a result of a mattress fire in the jail where he was working and sustained temporary physical injuries again. He returned to work for about five months but was placed on long-term disability leave in September 1975 because he could not tolerate his work. He had begun to see a psychiatrist after his first accident and was found to have a permanent psychological disability which became progressively worse after the second accident, according to testimony of his psychiatrist.
Appellant’s remaining points are rendered moot by this decision.