APOPKA GREENHOUSE AND AETNA CASUALTY & SURETY, APPELLANTS,
v.
HAROLD SCOTT, APPELLEE
LARRY G. SMITH, Judge.
We affirm the deputy’s order causally relating claimant’s herniated disc to his industrial accident of September 12, 1979. Although the evidence was capable of disparate interpretations, the deputy’s order determining causality was based on competent and substantial evidence. Further, even though the claimant failed to conduct a work search, the deputy’s order awarding wage loss benefits is sustainable based upon the evidence of claimant’s physical limitations, Dr. Shea’s deposition testi mony regarding claimant’s inability to work, and the deputy’s observation of the claimant which taken together justifies claimant’s excusal from a work search.
Accordingly, the order appealed is AFFIRMED.
JOANOS and THOMPSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allied Parcel Delivery & CNA Ins. Co. v. Dixon, 466 So. 2d 439 (Fla. 1st DCA 1985)…award, the E/C challenge the adequacy of Dixon’s job search. The adequacy of a job search is irrelevant because the deputy found Dixon “medically unable to engage in any type of physical activity or return to work.” See, Apopka Greenhouse v. Scott, 417 So. 2d 1148 (Fla. 1st DCA 1982). Because the parties stipulated no medical benefits were claimed, the E/C contend the deputy had no authority to find Dr. Nadel authorized to treat Dixon. Normally, a deputy has no authority to exceed the agreed scope of a heari…
-
Mahoney v. Mixson, 659 So. 2d 327 (Fla. 1st DCA 1995)…PER CURIAM. Affirmed. Dills v. Tomoka Land Co., 108 So. 2d 896 (Fla.lst DCA 1959); see also Budget Electric Co. v. Strauss, 417 So. 2d 1148 (Fla. 5th DCA 1982). BARFIELD, KAHN and VAN NORTWICK, JJ., concur.…