SOUTHEASTERN PUBLIC SERVICE CO., D/B/A: FARRENS TREE SURGEONS, INC., AND A. I. A. COMPANY, INC., APPELLANTS,
v.
JAMES W. ALLEN, APPELLEE
SOUTHEASTERN PUBLIC SERVICE CO., D/B/A: FARRENS TREE SURGEONS, INC., AND A. I. A. COMPANY, INC., APPELLANTS,
JAMES W. ALLEN, APPELLEE
395 So. 2d 306
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 5 cases
Opinion of the Court
ROBERT P. SMITH, Judge.
The record lacks substantial competent evidence supporting the deputy commissioner’s order finding that appellee Allen sustained a compensable 30 percent permanent impairment due to loss of wage earning capacity. On the face of the deputy’s order it appears that Allen made no work search adequate to sustain the granting of benefits greater than for the 10 percent anatomical disability accepted by the carrier. Exxon Co. v. Alexis, 370 So. 2d 1128 (Fla.1978).
REVERSED.
McCORD and ERVIN, JJ., concur.
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Value Rent A CAR v. Liccardo, 603 So. 2d 680 (Fla. 1st DCA 1992)…antley's Tire Broker, 500 So. 2d 614, 615 (Fla. 1st DCA 1986) (where a reasonable reporting procedure has been established, only those tips reported in compliance with the procedure may be included in the calculation); Nash v. Holiday Inn at Calder, 395 So. 2d 306, 307 (Fla. 1st DCA 1981). On different facts, but similar reasoning, the court reversed an award of temporary partial disability and wage loss benefits to an employee/claimant, because the claimant’s tax returns refuted his testimony that he receiv…
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PIC N Save Drug Co. v. Moore, 412 So. 2d 410 (Fla. 1st DCA 1982)…ng a dispute with her employer). There is no affirmative proof, however, that her failure to seek or obtain other equally remunerative employment upon her termination at Majic Market was related to her disabilities. . Nash v. Holiday Inn at Calder, 395 So. 2d 306 (Fla. 1st DCA 1981); Seminole Inn v. Ray, 408 So. 2d 1061 (Fla. 1st DCA 1981). . The order contains a general provision requiring payment of wage loss benefits “from August 12, 1980 to date and continuing so long as wage loss forms are properly sub…
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Sphnix Enters., Inc. v. Raydell Santa Cruz, 561 So. 2d 1348 (Fla. 1st DCA 1990)…e employer was aware of the tips being received. Preferred Aircraft Painting v. Duarte, 532 So. 2d 715 (Fla. 1st DCA 1988); International House of Pancakes v. Ellis, 492 So. 2d 454 (Fla. 1st DCA 1986). Also, in Nash v. Holiday Inn at Calder, [*1349] 395 So. 2d 306 (Fla. 1st DCA 1981), we held that it was error for the judge not to include tips in the computation of average weekly wage even though the only testimony of the amount of the tips was supplied by claimant’s testimony (although it was held that the j…
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- Exxon Co. v. Alexis, 370 So. 2d 1128 (Fla. 1978)