SAM BLOOM PLUMBERS, INC., AND OLD REPUBLIC INSURANCE COMPANY, APPELLANTS,
v.
SOLOMON KNAPPER AND DIVISION OF WORKERS' COMPENSATION, APPELLEES
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Sam Bloom Plumbers and its insurer appealed a workers' compensation award of wage-loss benefits to a union plumber who suffered a back and hand injury. The court affirmed wage-loss benefits through November 1982 but reversed the award for December 1982 through March 1983, finding insufficient evidence of work-search efforts during the latter period.
The court affirmed the award of wage-loss benefits from July 28, 1982, through the end of November 1982, as claimant presented competent, substantial evidence of adequate work-search efforts during that period. However, the court reversed the award for December 1, 1982, through March 4, 1983, finding insufficient evidence of job-search activities to support wage-loss benefits during those months.
[1] An award of wage-loss benefits requires competent, substantial evidence in the record to support the claimant's job search efforts.
[2] A claimant's testimony regarding job search efforts must be specific and cover the entire period for which wage-loss benefits are sought.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we find that claimant's testimony at the February 21, 1983, hearing that he had contacted the union and they had nothing does not support an award of wage-loss benefits for the period of December through the date of the last hearing on March 4, 1983”
Establishes the court's holding that insufficient evidence of work-search efforts during December through March 1983 required reversal of the wage-loss benefits award for that period.
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Join FLexlaw to unlock all legal intelligenceClaimant, a union plumber, suffered a compensable back and hand injury on January 23, 1981. He continued light plumbing work until January 1982, after…
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SHIVERS, Judge.
The employer/carrier appeal the deputy commissioner’s order awarding claimant wage-loss benefits for the period from July 28, 1982, through March 4, 1983. We affirm the award of wage-loss benefits from July 28, 1982, through the end of November of 1982, but reverse the award of wage-loss benefits as to the other months.
Claimant, a union plumber, injured his lower back and hand in a compensable accident on January 23, 1981. After his accident, claimant continued to perform light plumbing work for union employers until January of 1982. The employer/carrier thereafter voluntarily paid claimant temporary total disability benefits from January 28, 1982, through July 23,1982. As of July 28, 1982, claimant’s treating physician determined that claimant had reached maximum medical improvement. Subsequently, claimant filed requests for wage-loss benefits for the months of August through November of 1982. Attached to these requests were job search lists showing that claimant had contacted the Florida State Employment Service, rehabilitation personnel, the union, and several businesses in an effort to obtain employment. The employer/carrier controverted claimant’s request for wage-loss benefits on the basis that claimant’s job search lists did not demonstrate an adequate work search.
Hearings were held on claimant’s claim for wage-loss benefits, among other matters, on December 27, 1982, February 21, 1983, and March 4, 1983. At the first such hearing, the requests for wage-loss benefits for the months of August through November of 1982 were introduced into evidence. Claimant testified that the job search lists attached to these requests constituted all the places that claimant looked for work during the months of August through November. However, claimant did not testify, nor was any evidence introduced, as to claimant’s efforts to obtain employment in December. At the next hearing held on February 21, 1983, claimant testified that he had not gone to work at all since the last hearing and, in connection with a job search, that he had called up the union and they had nothing. At the final hearing held on March 4, 1983, no testimony or other evidence was introduced as to claimant’s job search. Based on the foregoing, the deputy commissioner awarded wage-loss benefits from July 28, 1982, through March 4, 1983.
We find and hold that there is competent, substantial evidence in the record to support the award of wage-loss benefits for the period July 28, 1982, through the end of November 1982. However, we find that claimant’s testimony at the February 21, 1983, hearing that he had contacted the union and they had nothing does not support an award of wage-loss benefits for the period of December through the date of the last hearing on March 4, 1983. See, e.g., Paul Lawhon Plumbing Company v. Cave, 427 So. 2d 1093 (Fla. 1st DCA 1983); Griffin v. Parrish Const & Door Service, 409 So. 2d 62 (Fla. 1st DCA 1982). Accordingly, the award of wage-loss benefits for the period December 1, 1982, through March 4, 1983, is reversed.
AFFIRMED in part, REVERSED in part.
JOANOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Paul Lawhon Plumbing Co. & CNA Ins. Co. v. Cave, 427 So. 2d 1093 (Fla. 1st DCA 1983)
- Alvie Lee Griffin v. Parrish Constr. & Door Serv. & Kemper Ins. Co., 409 So. 2d 62 (Fla. 1st DCA 1982)