THOMPKINS & SONS LAWN SPRAY AND HOME INSURANCE COMPANY, APPELLANTS,
v.
JAMES BROOKS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the claimant's job search was adequate given his physical limitations and abilities, even if not completely excused.
A mentally retarded claimant with significant leg injuries from an industrial accident attended vocational courses and contacted fifteen employers. Fo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Permanent Total Disability Benefits cases and more on FLexlaw
MILLS, Judge.
In this workers’ compensation appeal, the employer/carrier challenge the deputy commissioner’s award of permanent total disability benefits on the ground of inadequate job search. We affirm.
The claimant is a mentally retarded adult whose educational level is estimated at fourth grade and whose prospects for fur: ther educational development aré bleak. The industrial accident caused permanent injury to both legs, preventing the claimant from standing or sitting for more than one hour at a time. During the two years and one month between maximum medical improvement and the hearing before the deputy commissioner concerning permanent total disability benefits, the claimant attended institutional home management and service courses at a vocational center. He also studied reading and math at the vocational center. In addition, he contacted or was provided interviews with fifteen potential employers. Four potential employers actually gave him a job, but each time he was unable to complete a full-day’s work because of his injuries.
The deputy commissioner found the claimant “is not able uninterruptedly to do even light work due to physical limitation.” If supported by competent substantial evidence, such a finding means a job search is unnecessary. Lancaster Youth Development Center v. Waters, 381 So. 2d 1156 (Fla. 1st DCA 1980). The deputy commissioner also found the claimant made an adequate job search.
We find it unnecessary to decide whether a job search was completely excused because the search actually conducted, although somewhat limited, was adequate considering the claimant’s abilities and restrictions. Drummond v. Plumbing Corp. of America, 428 So. 2d 741 (Fla. 1st DCA 1983).
AFFIRMED.
SHIVERS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wal-Mart Stores, Inc. v. Liggon, 668 So. 2d 259 (Fla. 1st DCA 1996)…actively seek employment where “[t]he record reveals that claimant sought employment commensurate with his work experience and job skills, while the employer made no effort to obtain employment for claimant”); Thompkins & Sons Lawn Spray v. Brooks, 452 So. 2d 103, 103-04 (Fla. 1st DCA 1984) (mentally retarded claimant had permanent injury to both legs, preventing him from standing or sitting for more than hour at a time, and during two years between MMI and PTD hearing, claimant attended vocational courses a…
-
Shaw v. Publix Supermarkets, 609 So. 2d 683 (Fla. 1st DCA 1992)…tes inability to engage in gainful employment due to physical limitations. See Carter v. City of Venice, 584 So. 2d 577 (Fla. 1st DCA1991); Ernie Haire Ford, Inc. v. Hamilton, 483 So. 2d 555 (Fla. 1st DCA1986); Thompkins & Sons Lawn Spray v. Brooks, 452 So. 2d 103 (Fla. 1st DCA1984). Dr. Lane, an orthopedic surgeon, treated Claimant from the day of injury. In his February 16, 1990, report, Dr. Lane noted Publix was very anxious to get Claimant back to work in some capacity, but he said that would be “fairly…
Authorities Cited
- Cloud v. Cloud, 381 So. 2d 1156 (Fla. 2d DCA 1980)
- Lancaster Youth Dev. Ctr. & Kemper Ins. Co. v. Waters, 381 So. 2d 1156 (Fla. 1st DCA 1980)
- Chirillo v. State, 428 So. 2d 741 (Fla. 2d DCA 1983)
- Drummond v. Plumbing Corp. OF Am. & R.P. Hewitt & Assocs., 428 So. 2d 741 (Fla. 1st DCA 1983)