ANDREW ROMEO JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Edwards v. Caulfield, 560 So. 2d 364 (Fla. 1st DCA 1990)
  …al burden of presenting evidence of a change in his employment status due to the compensable injury and of an adequate, good faith work search. Tampa Electric Company v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985); D & R Builders, Inc. v. Quetglas, 449 So. 2d 988 (Fla. 1st DCA 1984); Regency Inn v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982). Once the claimant has met this initial burden, the burden is then [*375] placed upon the employer to demonstrate that the claimant has refused to work or that he has vo…
• Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985)
  …the result of the compensable injury”,1 section 440.15(3)(b)2, (1981), the burden is then placed upon the employer to demonstrate that the claimant has refused to work or that he has voluntarily limited his income. D & R Builders, Inc. v. Quetglas, 449 So. 2d 988 (Fla. 1st DCA 1984); D.L. Amici Co. v. Jackson, 444 So. 2d 978 (Fla. 1st DCA 1983), rev. denied, 451 So. 2d 848 (Fla.1984). The statute does not require the claimant, after he has presented evidence disclosing that the compensable physical limitati…
• Publix Supermarkets, Inc. v. Franklin, 467 So. 2d 1031 (Fla. 1st DCA 1985)
  …o earn but not when an inability to earn rests, in whole or in part, on a medical prohibition as to which a search for other medically permissible work is not relevant. Similarly, the facts stated in the opinion in D & R Builders, Inc. v. Quetglas, 449 So. 2d 988 (Fla. 1st DCA 1984), do not indicate any basis such as that present here for invoking the deemed earnings provision, other than the conceded voluntary limitation of income by inadequate search. Therefore a job search in that case would presumably ha…

Authorities Cited

• McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
• Chapin v. State, 427 So. 2d 812 (Fla. 5th DCA 1983)
• Feagin v. State, 438 So. 2d 1082 (Fla. 1st DCA 1983)