RICHARD K. FINK, SIDNEY L. SYNA, FINK AND SYNA, A PARTNERSHIP, AND FINK AND SYNA, P. A., A FLORIDA CORPORATION, APPELLANTS,

v.

GULF INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEE

Citator

Cited By

• Wal-Mart Stores, Inc. v. Liggon, 668 So. 2d 259 (Fla. 1st DCA 1996)
  …d to engage in these activities. Despite his repeated documentation of Liggon’s subjective complaints of pain, nothing in Dr. Schmitz’s notes indicates that he ever restricted her from performing job searches. See Brevard County School Bd. v. King, 378 So. 2d 1312, 1313 (Fla. 1st DCA) (“Pain alone does not necessarily indicate a loss of wage earning capacity, nor is it an excuse for not seeking a job.”), cert. denied, 388 So. 2d 1115 (Fla.1980). Indeed, when questioned at his deposition, Dr. Schmitz testified…
• Structural Forming, Inc. v. MAS, 440 So. 2d 488 (Fla. 1st DCA 1983)
  …and leg. However, pain alone does not necessarily indicate a loss of wage-earning capacity, nor is it an excuse for not seeking a job. J.T. Johnson v. Stanfill Drywall Services, 414 So. 2d 24 (Fla. 1st DCA 1982); Brevard County School Board v. King, 378 So. 2d 1312 (Fla. 1st DCA 1980). We therefore reverse the award of wage-loss benefits from November 10,1982 to the date claimant began working part time at Sears, since claimant has admitted that he did not look for work during that period. Competent, substant…
• RED OAK Farms, Inc. v. Scott, 408 So. 2d 841 (Fla. 1st DCA 1982)
  …mpensation in excess of her 15% impairment rating, Scott was required to make some effort to obtain employment within her physical limitations. Mahler v. Lauderdale Lakes National Bank, 322 So. 2d 507 (Fla.1975); Brevard County School Board v. King, 378 So. 2d 1312 (Fla. 1st DCA 1980). The deputy did not find that Scott was so physically disabled as to make a job search futile or unnecessary. Under such circumstances, a job search is not required to establish total loss of wage earning capacity. Chicken ’N Th…

Authorities Cited

• Prescott v. Mut. Benefit Health & Accident Ass'n, 133 Fla. 510 (Fla. 1938)
• Williams v. Mut. OF Omaha, 297 F.2d 876 (4th Cir. 1962)