PHOTO ELECTRONICS CORPORATION/WPEC AND INSURANCE COMPANY OF NORTH AMERICA, APPELLANTS,
v.
RICHARD J. GLICK, APPELLEE
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The court held that the claimant failed to present a prima facie case of lost earning capacity, requiring a reversal of the modified permanent partial disability rating.
The claimant received a permanent partial disability rating, which was later modified to a higher rating to reflect lost wage earning capacity. The cl…
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MILLS, Judge.
Photo Electronics and its carrier appeal a compensation order modifying a 25% permanent partial disability (PPD) rating to 60%. We reverse. This case is making its third appearance here, Photo Electronics v. Glick, 398 So. 2d 900 (Fla. 1st DCA 1981); Glick v. Photo Electronics, 417 So. 2d 334 (Fla. 1st DCA 1982). The prior cases resulted in a 25% PPD based on physical impairment. The modification to 60% PPD is to reflect wage earning capacity lost since the initial hearing. We find that the claimant failed to present a prima facie case of lost earning capacity. We do not reach the appellant’s other issues.
A prima facie case of lost earning capacity must include a showing of a causal connection between the loss of employment at pre-accident wages and the industrial accident. Regency Inn v. Johnson, 422 So. 2d 870, 876 (Fla. 1st DCA 1982). The burden is clearly on the claimant to connect the economic disruption to the industrial accident. Certified Grocers v. Opel, 430 So. 2d 953 (Fla. 1st DCA 1983); Citrus Central v. Parker, 423 So. 2d 610 (Fla. 1st DCA 1982); Regency, Inn, at 872 n. 1. The adequacy of a job search becomes relevant only after the initial burden is met, Regency Inn, at 876.
The evidence in this case is that Glick returned to work at the pre-accident wage. After 7 months his position was dissolved and Glick lost his job. There is no evidence that Glick’s position was sheltered employment. There is no evidence that the position was dissolved for any motive but economics. Glick testified that he was physically capable of performing the job. In short, there is no evidence of economic disruption caused by the injury.
The modification of the permanent impairment rating is REVERSED-
JOANOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wyeth/Pharma Field Sales & Gallagher Bassett v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010)…84). “A prima facie case of lost earning capacity must include a showing of a causal connection between the loss of employment at pre-accident wages and the industrial accident” (and the resulting injury(ies)). Photo Electronics Corp./WPEC v. Glick, 432 So. 2d 164, 165 (Fla. 1st DCA 1983). The burden “is clearly on the claimant to connect the economic disruption to the compensable” injuries. Id. Here, Claimant established to the JCC’s satisfaction that, as a result of her workplace injuries, she was unable t…
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Publix Supermarkets, Inc. v. Franklin, 467 So. 2d 1031 (Fla. 1st DCA 1985)…blishing irrelevance of an adequate work search when other evidence (such as lengthy performance of his original job duties without shelter) indicates a lack of causal connection between wage loss and accident. Photo Electronics Corp./WPEC v. Glick, 432 So. 2d 164, 165 (Fla. 1st DCA 1983). There are, of course, an extreme variety of potential evidentiary issues in establishing a prima facie case of causal connection between a compensable accident and later wage loss. Whether or not job search evidence is prim…
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Anderson v. S & S Diversified, Inc., 477 So. 2d 591 (Fla. 1st DCA 1985)…blishing irrelevance of an adequate work search when other evidence (such as lengthy performance of his original job duties without shelter) indicates a lack of causal connection between wage loss and accident. Photo Electronics Corp./WPEC v. Glick, 432 So. 2d 164, 165 (Fla. 1st DCA 1983). There are, of course, an extreme variety of potential evidentiary issues in establishing a prima facie case of causal connection between a compensable accident and later wage loss. Whether or not job search evidence is prim…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Regency INN v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982)
- Citrus Cent. & Prof'l Administrators, Inc. v. Buman Parker, 423 So. 2d 610 (Fla. 1st DCA 1982)
- Photo Elecs. Corp. & Ins. Co. of N. Am. v. Glick, 398 So. 2d 900 (Fla. 1st DCA 1981)
- Certified Grocers & Corporate Grp. Serv., Inc. v. Opel, 430 So. 2d 953 (Fla. 1st DCA 1983)