BREVARD COUNTY CLERK OF COURT AND U. S. FIDELITY & GUARANTY CO., APPELLANTS,
v.
KENNETH L. WINSLOW, APPELLEE
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In a workers' compensation case, the Florida District Court of Appeal reversed an award of permanent total disability benefits, finding insufficient evidence that the claimant was unable to work, particularly because no adequate work search was conducted before determining disability eligibility.
The court reversed the award of permanent total disability benefits because there was no competent substantial evidence supporting the finding, particularly because no adequate work search was conducted as required under Mahler v. Lauderdale Lakes National Bank. The case was remanded for determination of the amount of permanent partial disability, if any.
[1] A deputy commissioner's award of permanent total disability benefits must be supported by competent substantial evidence.
[2] A claimant seeking permanent total disability benefits must demonstrate an adequate work search, unless excused by the deputy commissioner.
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Join FLexlaw to unlock all legal intelligence“An adequate work search required for a finding of permanent total disability was not conducted.”
Establishes the critical deficiency in the record supporting the permanent total disability award
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Join FLexlaw to unlock all legal intelligenceWinslow suffered a compensable work injury on August 26, 1976, with maximum medical improvement reached on July 1, 1977. All temporary total disabilit…
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MILLS, Chief Judge.
Employer-carrier challenge the deputy commissioner’s award of permanent total disability on the ground that there was no competent substantial evidence to support the finding. We agree, reverse, and remand for a determination of the amount of permanent partial disability, if any.
The parties stipulated that claimant suffered a compensable accident on 26 August 1976 and that the date of maximum medical improvement was 1 July 1977. All temporary total disability due had been paid. At issue was whether claimant was eligible for permanent total disability benefits or permanent partial disability benefits. The deputy found claimant to be permanently totally disabled. Having found claimant to be permanently totally disabled, the deputy determined that some of the ailments were related to the industrial injury and were approximately equal to those unrelated to the injury; therefore, he apportioned the payment of benefits to 50% permanent total disability.
The record shows that Winslow made no attempt to return to his prior employment or to search for any other employment. Although he stated that he is unable to work, his claim is not supported by the medical evidence. Nor did the deputy’s order find that a work search was excused. An adequate work search required for a finding of permanent total disability was not conducted. See Mahler v. Lauderdale Lakes National Bank, 322 So. 2d 507 (Fla.1975).
We are unable to determine the method by which the deputy commissioner arrived at the apportionment of permanent total disability benefits. Since we are reversing and remanding this cause for reconsideration of the amount of permanent partial disability benefits which Winslow is due, if any, we need not resolve our concern with that determination but we remind the deputy that an order should contain the degree of specificity necessary to enable this Court to determine how he arrived at his conclusions. Kennedy v. Tyson, 382 So. 2d 820 (Fla. 1st DCA 1980).
The entitlement to and amount of attorney’s fees will, of course, be affected by the rulings made by the deputy commissioner on remand.
REVERSED and REMANDED with directions.
SHAW, J., and PEARSON, TILLMAN (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wright v. Golf Drive Residence, Inc., 412 So. 2d 884 (Fla. 1st DCA 1982)…... if the previous disability had not existed.” Section 440.15(5)(c), Florida Statutes (1977). We agree with claimant’s contention that the order must be reversed for failure to provide a basis for review. Brevard County Clerk of Court v. Winslow, 399 So. 2d 111 (Fla. 1st DCA 1981). However, we reject claimant’s contention that the E/C waived any claim of set-off under this statute, since evidence bearing on this issue was introduced without objection. We note also that the order made no specific determinat…
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Jandy v. Mosley, 413 So. 2d 837 (Fla. 1st DCA 1982)…to make a finding based solely on claimant’s anatomical impairment. The attorney’s fee awarded by the deputy is likewise reversed as the amount thereof may be affected by the deputy’s finding on remand. See Brevard County Clerk of Court v. Winslow, 399 So. 2d 111 (Fla. 1st DCA 1981). Accordingly, this case is reversed and remanded for proceedings consistent with this opinion. JOANOS and WIGGINTON, JJ., concur.…
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W I T Assocs. & Zurich Ins. Co. v. Chisholm, 418 So. 2d 387 (Fla. 1st DCA 1982)…e period of bed rest that was prescribed by Dr. Kleinigger and a reasonable time thereafter to conduct a job search. This finding requires that the award of attorney’s fees be remanded for recalculation. See Brevard County Clerk oí Court v. Winslow, 399 So. 2d 111 (Fla. 1st DCA 1981). The order appealed is reversed in part, affirmed in part, and remanded for proceedings consistent with this opinion. LARRY G. SMITH and JOANOS, J., concur.…
Authorities Cited
- Mahler v. Lauderdale Lakes Nat'l Bank, 322 So. 2d 507 (Fla. 1975)
- Prince Kennedy, Jr. v. Tyson, 382 So. 2d 820 (Fla. 1st DCA 1980)