MUNFORD, INC., A/K/A JACKSON'S MINUTE MARKET, APPELLANT,
v.
JAMES I. WEST, 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 held that the deputy commissioner's finding of permanent total disability was justified by substantial competent evidence.
Claimant, aged 61 with multiple disabilities, conducted a good faith work search. The deputy commissioner found that a job offered by the employer/car…
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 Good Faith Work Search cases and more on FLexlaw
WIGGINTON, Judge.
This is a workers’ compensation appeal from an order of the deputy commissioner awarding West permanent total disability benefits. We affirm.
The record clearly reveals substantial competent evidence of a good faith work search by claimant. Contrary to employer/carrier’s position, those places of employment investigated by claimant all offered the possibility of light work. Considering claimant’s age of 61 years, his array of disabilities (arteriosclerosis; hypertension; hearing loss; arthritis), coupled with the limitations placed on him by his physician, the deputy’s finding of permanent total disability was justified.
We find adequate support for the deputy’s conclusion that the job offered by employer/carrier, although allegedly light-duty work, would ultimately lead to work responsibilities beyond claimant’s physical abilities.
Newport Industries v. Mathis, 418 So. 2d 1175 (Fla. 1st DCA 1982), relied on by employer/carrier is distinguishable. In Mathis, this Court was “unable to approve as adequate a work search wherein the claimant tells potential employers that she will work only when she feels like it.” Id. at 1176. Such is not the case here. West exhibited a desire to work a regular job and even offered his services to the employer as a supervisor of an area wherein he had worked for ten years. That offer was not accepted.
AFFIRMED.
BOOTH and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gordon v. State, 960 So. 2d 31 (Fla. 4th DCA 2007)…t.’ ” Haughwout v. Mellor, 870 So. 2d 895, 896 (Fla. 4th DCA 2004) (quoting § 27.51(2), Fla. Stat. (2003)). The trial court’s decision about whether to appoint a public defender is reviewed under an abuse of discretion standard. See Romani v. State, 429 So. 2d 382 (Fla. 3d DCA 1983); Keur v. State, 160 So. 2d 546, 549-50 (Fla. 2d DCA 1964). At the July 6, 2004 arraignment, Gordon admitted to having $12,000 in assets and a car. Previously, he had retained a lawyer in his divorce. Con-tempts arising out of fami…
Authorities Cited
- Newport Indus. & State Farm Ins. Co. v. Mathis, 418 So. 2d 1175 (Fla. 1st DCA 1982)