EASTSIDE BAIT & TACKLE AND FLORIDA FARM BUREAU, APPELLANTS,
v.
CORENE S. HUMPHREY, APPELLEE
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Florida appellate court reversed temporary partial disability award where claimant failed to conduct a conscientious job search and provided no medical justification for the failure.
An injured worker seeking temporary partial disability benefits must conduct a conscientious job search unless medically excused, and failure to do so defeats entitlement to TPD compensation.
[1] An injured worker seeking temporary partial disability benefits must conduct a conscientious job search unless medically excused from the duty to search for work.
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Join FLexlaw to unlock all legal intelligence“A conscientious work search is the Chapter 440 obligation of any injured and unemployed worker not physically disabled to work.”
Court stating the legal standard for TPD eligibility under Florida workers' compensation law.
Claimant suffered a work injury and did not seek employment for 17 months, testifying she had not looked for any job since the injury and would limit …
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PER CURIAM.
This cause is before us on appeal from a final order of the deputy commissioner awarding temporary partial disability benefits calculated upon claimant’s ability to work 20 hours per week at the prevailing minimum wage. The deputy’s finding that claimant was TPD from October 31, 1980 to April 8,1982 is supported by competent, substantial evidence in the record. The deputy’s tacit excusal of a work search by finding that, although claimant did not actually work during the 17 months in question, she was able to work 20 hours per week at the prevailing minimum wage during that period, must be reversed.
At the hearing, claimant testified that she had not looked for any type of job since the injury and that if she were to consider any employment, she would limit the number of hours worked so as not to forfeit her social security retirement benefits. The record does not disclose evidence that would excuse, on the basis of her mental or physical condition, claimant’s failure to conduct an adequate job search. A conscientious work search is the Chapter 440 obligation of any injured and unemployed worker not physically disabled to work. Holiday Care Center v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982). In the absence of a conscientious work search or a medically justifiable excusal from the duty to look for work, there is no entitlement to TPD compensation. The deputy’s award of TPD benefits from October 31, 1980 to April 8, 1982 is therefore reversed.
ROBERT P. SMITH, Jr., BOOTH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Publix Supermarkets, Inc. v. Franklin, 467 So. 2d 1031 (Fla. 1st DCA 1985)…ion evidence in the present case merely established indirectly the value of that part of claimant’s wage loss attributable to medical restriction as opposed to inadequate search. The contrasting facts presented in Eastside Bait & Tackle v. Humphrey, 440 So. 2d 41 (Fla. 1st DCA 1983), illustrate perfectly the impropriety of excusing a total absence of work search and awarding partial wage loss compensation when claimant’s “inability” to work more than 20 hours weekly resulted from a desire not to forfeit reti…
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Lovell Bros., Inc. v. Kittles, 518 So. 2d 319 (Fla. 1st DCA 1987)…tial disability benefits despite claimant’s failure to perform an extensive job search. A good faith job search may be excused where there is medical evidence of claimant’s inability to work at gainful employment. Eastside Bait & Tackle v. Humphrey, 440 So. 2d 41 (Fla. 1st DCA 1983). Finding no error, the appealed orders are AFFIRMED. ERVIN and SHIVERS, JJ., concur.…
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MT. Sinai Med. Ctr. & All Risk Corp. of Fla. v. Samuels, 453 So. 2d 81 (Fla. 1st DCA 1984)…e period beginning February 2, 1982, and ending June 22, 1982. The record is devoid of competent evidence of a work search during this period, and a good faith work search is essential to an award of TPD benefits. Eastside Bait & Tackle v. Humphrey, 440 So. 2d 41 (Fla. 1st DCA 1983). Accordingly, the award of interest based on those benefits for that period is also reversed. We affirm the remaining awards of temporary total, temporary partial, and permanent total disability benefits. Substantial, competent…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Holiday Care Ctr. v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982)