FOOD FAIR, INCORPORATED; GROUP VII SERVICES, INCORPORATED, APPELLANTS,
v.
ANTHONY POVALITIS, APPELLEE
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Florida appellate court reversed workers' compensation award for disability benefits exceeding physical impairment, holding that a claimant must conduct a realistic job search within his capabilities to demonstrate wage-earning capacity loss.
A claimant seeking workers' compensation benefits for disability exceeding physical impairment must demonstrate wage-earning capacity loss through a realistic job search within his capabilities, unless the deputy finds the claimant's disabilities so severe that a work search is excused.
[1] A claimant seeking workers' compensation benefits for wage-earning capacity loss must conduct a realistic job search within his documented physical capabilities unless th…
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Join FLexlaw to unlock all legal intelligenceThe claimant suffered a 15% anatomical disability with a 75-pound lifting limitation and a high school equivalency degree with work history in torch, …
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SHAW, Judge.
This is an appeal from a workers’ compensation order awarding benefits for disability in excess of physical impairment. The appellants argue that in order for the deputy to award such benefits, based on loss of wage earning capacity, the claimant must attempt a work search within capabilities. We agree that absent a finding by the deputy that the claimant’s disabilities are so massive that a work search is excused the claimant must demonstrate wage earning capacity loss by making a realistic job search within his capabilities.
The claimant suffered a 15% anatomical disability that left him with a 75-pound lifting limitation. His job search was limited to a job application at an unopened grocery store and two attempts at employment that required lifting weights obviously in excess of his limitation. He has a high school equivalency degree with a work history consisting of torch and solder work and bookkeeping. By limiting his search to jobs requiring heavy lifting, he failed to realistically test his wage earning capacity in the job market, thus there has been no demonstration of a wage earning capacity loss in excess of the 15% permanent partial disability rating voluntarily accepted by the appellants. Exxon v. Alexis, 370 So. 2d 1128 (Fla.1978); Pantry Pride v. Gonzalez, 882 So. 2d 818 (Fla. 1st DCA 1980).
The order is, accordingly, reversed.
ROBERT P. SMITH, Jr., and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burger King Corp. & Emp'rs Ins. of Wausau v. Stark, 401 So. 2d 1173 (Fla. 1st DCA 1981)…for a job even though he is well motivated.” This finding is not supported by competent substantial evidence. The claimant simply did not timely and “realistically test his wage-earning capacity in the job market. ...” Food Fair, Inc. v. Povalitis, 390 So. 2d 410 (Fla. 1st DCA 1980). Nor was there any evidence justifying an excu-sal from the work search requirement. Cf. Benedetto, 394 So. 2d at 207 (where such an excusal was justified because two treating physicians reported that the claimant was “not yet ca…
Authorities Cited
- Exxon Co. v. Alexis, 370 So. 2d 1128 (Fla. 1978)
- Pantry Pride v. Gonzalez, 382 So. 2d 818 (Fla. 1st DCA 1980)