FLORIDA DIVISION OF CORRECTIONS; DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
JOHN P. MORGAN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the deputy commissioner's award of permanent total disability based on loss of wage earning capacity, holding that a prior finding of inadequate job search is res judicata and limits recovery to the anatomical disability rating already accepted by the carrier.
A prior finding that a claimant's job search was inadequate is res judicata and precludes a subsequent award of permanent total disability based on loss of wage earning capacity; recovery is limited to the anatomical disability rating.
[1] A prior finding that a claimant's job search was inadequate constitutes res judicata and precludes a subsequent award of permanent total disability based on loss of wage…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA workers' compensation claimant sought permanent total disability benefits based on loss of wage earning capacity. The deputy commissioner initially …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Job Search Adequacy cases and more on FLexlaw
PER CURIAM.
This court previously ruled that there was no competent substantial evidence to support a finding of permanent total disability based on loss of wage earning capacity because we found that the claimant’s work search was inadequate. We remanded the case for proceedings consistent with that finding. On remand, the deputy commissioner restated his initial findings, excused the claimant from any further work search, and again found permanent total disability due to loss of wage earning capacity; we must reverse again.
We held in Brevard Board of County Commissioners v. Caldwell, 379 So. 2d 1031 (Fla. 1st DCA 1980), and City of Hollywood v. Castora, 380 So. 2d 1148 (Fla. 1st DCA 1980), that a finding of inadequacy of a job search is res judicata, so recovery should be limited to the anatomical rating. Here, the carrier was voluntarily paying permanent partial disability at 50%, the highest physical disability rating assigned to the claimant by a physician. No higher rate of permanent anatomical disability has been demonstrated. The order is reversed and the case is remanded for the entry of an order denying permanent disability compensation in excess of the 50% permanent disability previously accepted by the carrier. The award of attorney’s fee is also reversed in light of the reversal of benefits obtained through the efforts of counsel.
Remanded for proceedings consistent with this opinion.
MILLS, C. J., SHAW, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Flesche v. Interstate Warehouse & U. S. Fid. & Guar. Co., 411 So. 2d 919 (Fla. 1st DCA 1982)…We conclude that to apply the doctrine of res judicata under the circumstance presented here would result in injustice. Our holding does not affect the application of the doctrine in other contexts, as in Florida Division of Corrections v. Morgan, 397 So. 2d 1026 (Fla.1981), and cases therein cited, and City of West Palm Beach v. Chisolm, 405 So. 2d 279 (Fla.App.1981). We are convinced that a “sink-or-swim” approach to the job search requirement has not and will not serve the interests of the employer/carri…
Authorities Cited
- City OF Hollywood & Am. Mut. Ins. Co. v. Castora, 380 So. 2d 1148 (Fla. 1st DCA 1980)
- Brevard Bd. OF Cnty. Comm'rs & U. S. Fid. & Guar. Co. v. Caldwell, 379 So. 2d 1031 (Fla. 1st DCA 1980)