James Lewis Drywall v. Davis

In this workers’ compensation case, the employer/carrier (e/c) challenge an award of amputation benefits for the surgical removal of appellee/claimant’s patella or kneecap. At issue is whether a patellectomy constitutes an “amputation” under section 440.15(3)(a), Florida Statutes (1987).1 We conclude that this procedure does not constitute an amputation under the statute and reverse the award.

It is a well-established rule that statutory language should be accorded its common, everyday meaning. Zebley v. Stuart Nissan, 576 So.2d 851 (Fla. 1st DCA 1991). We need not resort to dictionary…