DONALD K. SPICER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Superior Pontiac and Lynn Underwriting v. Hearn, 458 So. 2d 1197 (Fla. 1st DCA 1984)
  …his former occupation, the deputy awarded the benefits, stating that he was “leaving it up to [this] court” to establish the proper rule of law in such a situation. We agree with the E/G’s contention that our decision in C & B Interiors v. Crispino, 446 So. 2d 242 (Fla. 1st DCA 1984), points to a result adverse to the claimant on this issue, and that the deputy commissioner’s ruling must therefore be reversed. In Crispino, the claimant sustained a compression fracture which was rated by [*1199] the examining…
• Iverson v. Holy Cross Hosp. & Fred S. James & Co. of Fla., 498 So. 2d 620 (Fla. 1st DCA 1986)
  …is [sic], in my opinion, insufficient to override the medical evidence that the claimant can return to her regular form of work without restriction or limitation.” (e.s.) In reaching this conclusion the deputy referenced C & B Interiors v. Crispino, 446 So. 2d 242 (Fla. 1st DCA 1984), as “on all fours” with this case. Crispino indicated that “bare complaints” of pain and inability to work did not satisfy the claimant’s evidentiary burden. But the opinion does not suggest that the claimant there undertook any…
• Earnese Davis v. Broward Cnty. Health Dep't, 570 So. 2d 371 (Fla. 1st DCA 1990)
  …ed work restrictions. Hence, a set of physician-imposed work restrictions is prerequisite to a wage loss claim. In support of this position, e/c cite Superior Pontiac v. Hearn, 458 So. 2d 1197 (Pla. 1st DCA 1984), and C. & B. Interiors v. Crispino, 446 So. 2d 242 (Fla. 1st DCA 1984). In both of these cases, but particularly in C. & B. Interiors,2 this court emphasized the importance of work restrictions to a wage loss claim. In neither case, however, did the court go so far as to make physician-imposed restr…

Authorities Cited

• Anders v. California, 386 U.S. 738 (U.S. 1967)