FAIRCHILD INDUSTRIES, INC., & FIREMAN'S FUND INS. CO., APPELLANTS,
v.
GEORGE SIEVERS, APPELLEE
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WENTWORTH, Judge.
Employer/carrier seek review of a workers’ compensation order by which claimant was awarded permanent total disability benefits. We find that the deputy properly excused claimant from the requirement of a work search, and we therefore affirm the order appealed.
While claimant is neither continuously bedridden nor otherwise totally physically incapacitated, the record contains clear medical evidence of claimant’s patent inability to uninterruptedly maintain any gainful employment. In such circumstances an effort to find employment would be a futile and useless gesture, and the deputy properly excused claimant from the requirement of a work search as a predicate for disability benefits. See Sizemore v. Canaveral Port Authority, 332 So. 2d 23 (Fla.1976); Chicken TV Things v. Murray, 329 So. 2d 302 (Fla.1976); see generally Red Oak Farms Inc. v. Scott, 408 So. 2d 841 (Fla. 1st DCA 1982).
The order appealed is affirmed.
MILLS, J., and McCORD, Jr. (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Philpot v. City OF Miami, 541 So. 2d 680 (Fla. 1st DCA 1989)…articular case indicate that a work search would be a futile gesture, such search may be excused as a predicate for disability benefits. Bill’s Equipment and Rentals v. Teel, 498 So. 2d 536 (Fla. 1st DCA 1986); Fairchild Industries, Inc. v. Sievers, 447 So. 2d 393 (Fla. 1st DCA 1984). Furthermore, where, as in the instant case, a post-traumatic neurosis may contribute to or be the cause of disability, the neurosis is compensable only if there has been an actual physical injury, and the neurosis is the direct…
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Bill's Equip. & Rentals & U.S. Fid. & Guar. Co. v. Teel, 498 So. 2d 536 (Fla. 1st DCA 1986)…e actively seek employment. Where an effort to find employment would be a futile and useless gesture, the deputy may excuse claimant from the requirement of a work search as a predicate for disability benefits. Fairchild Industries, Inc. v. Sievers, 447 So. 2d 393 (Fla. 1st DCA 1984). We conclude that the deputy did not err in finding claimant unemployable and totally disabled. E/C next contend that the amount of attorney’s fee awarded was excessive. The present value of the benefits obtained for claimant wa…
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Emilie Alexandre v. Excel Handbags, Inc., 479 So. 2d 286 (Fla. 1st DCA 1985)…s to be partially amputated after the delivery of her baby six or seven weeks hence. A work search during that period should have been excused. See Sizemore v. Canaveral Port Authority, 332 So. 2d 23 (Fla.1976); Fairchild Industries Inc. v. Sievers, 447 So. 2d 393 (Fla. 1st DCA 1984). We also find no evidence of the duration of claimant’s hospitalization, if any, beyond the date of birth of her child, and would not in any event find such evidence to preclude compensation in the circumstances here, i.e., wher…
Authorities Cited
- Chicken'n'things & Ins. Co. of N. Am. v. Martha Murray & the Fla. Dep't of Commerce, 329 So. 2d 302 (Fla. 1976)
- Sizemore v. Canaveral Port Auth., 332 So. 2d 23 (Fla. 1976)
- RED OAK Farms, Inc. v. Scott, 408 So. 2d 841 (Fla. 1st DCA 1982)