STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
STEVEN HUBER, APPELLEE

Fla. 1st DCA | 1982-09-23
No. AG-445
McCORD and MILLS, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
419 So. 2d 774 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of a workers’ compensation order awarding, among other benefit's, total temporary disability benefits for the period from August 13, 1980, through February 7, 1981. We modify the order below and affirm as modified.

On December 26,1979, claimant sustained an industrial injury arising out of the course and scope of his employment with appellant. In order to demonstrate entitlement to total temporary disability benefits, appellant must present medical testimony that he is unable to work, or evidence that he made an adequate work search or a concerted effort to return to work. Tallahassee Coca Cola Bottling Company v. Parramore, 395 So. 2d 275 (Fla. 1st DCA 1981). The record reveals no medical evidence of the inability to return to work and an inadequate basis to sustain a finding of a good faith work search or a concerted effort to return to work. The other points presented do not require reversal. Accordingly, the order below is modified disallowing the award of total temporary disability benefits for the challenged period. The order as modified is affirmed.

McCORD and MILLS, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.


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  • Mose King, Jr. v. State, 423 So. 2d 980 (Fla. 4th DCA 1982)
    …orp. of DeSoto County, 419 So. 2d 729 (Fla. 4th DCA 1982), and was recorded exactly two months from recording of the order denying the Rule 3.850 motion, also was untimely. Fla.R. App.P. 9.110(b). Thus, we dismiss King’s appeal. See Mathis v. State, 419 So. 2d 774 (Fla. 1st DCA 1982). HERSEY, GLICKSTEIN and WALDEN, concur.…
  • Stephens v. State, 279 So. 3d 835 (Fla. 2d DCA 2020)
    …at was sent to Alachua County or received there. We first note that Ms. Stephens has waived any objection to whether venue was properly in Alachua County as a result of the procedures used by the Polk and Alachua County clerks. See Mathis v. State, 419 So. 2d 774, 775 (Fla. 1st DCA 1982) ("Any objection Mathis might have had to venue in Leon County was waived by his plea of guilty."). Further, in Waterfield v. State, 35 So. 3d 60, 61 (Fla. 2d DCA 2010), this court held that it was improper for the Charlotte…
  • Slattery v. State, 433 So. 2d 615 (Fla. 3d DCA 1983)
    …h are not permitted under existing Fla. R.Crim.P. 3.850. Therefore the order denying the appellant’s motion is appropriate on the authority of: Thompson v. State, 410 So. 2d 500 (Fla.1982); State v. Piehl, 184 So. 2d 417 (Fla.1966); Mathis v. State, 419 So. 2d 774 (Fla. 1st DCA 1982); Hogan v. State, 388 So. 2d 1377 (Fla. 1st DCA 1980); Neal v. State, 349 So. 2d 844 (Fla. 2d DCA 1977); Thomas v. State, 234 So. 2d 715 (Fla. 2d DCA 1970). Affirmed.…

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