MCDONALD CONSTRUCTION CORP. & COMMERCIAL RISK MANAGEMENT, INC., APPELLANTS,
v.
LAWRENCE DION, APPELLEE

Fla. 1st DCA | 1984-10-16
No. AX-182
SHIVERS and NIMMONS, JJ., concur.
457 So. 2d 592 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 2 cases


Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

The carrier’s contention in this appeal is that wage loss benefits should have been denied for alleged voluntary limitation of income by claimant during a period of full time employment as a restaurant manager, because he did not continue active work search while so employed. We affirm because the record substantiates the deputy’s determination that claimant did not voluntarily limit his income under these circumstances.

The order notes claimant’s diligent, good faith, unsuccessful attempts to obtain more remunerative employment following termination of intermittent carpentry jobs for reasons unrelated to his injury. It finds that the employment accepted by claimant represented his best opportunity compatible with a post-injury condition precluding heavy lifting. In the circumstances recited the deputy could properly conclude that the compensable injury contributed causally to the wage loss in question. § 440.15(3)(b), Florida Statutes. Claimant’s initial burden was accordingly met and, absent any evidence of available alternative employment or other proof of voluntary limitation of income by claimant, the order must be affirmed.

SHIVERS and NIMMONS, JJ., concur.


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  • Glynn v. McKENZIE Tank Lines and Hewitt, 511 So. 2d 696 (Fla. 1st DCA 1987)
    …e claimant represents his best opportunity compatible with his post-injury condition, a wage loss award will be affirmed absent evidence of available alternative employment or other proof of voluntary limitation. McDonald Construction Corp. v. Dion, 457 So. 2d 592, 593 (Fla. 1st DCA 1984). In this case, the car lot job was Glynn’s only opportunity after his job search. Further, there was no evidence of voluntary limitation after Glynn’s acceptance of the car lot job as there was with the first commission posi…

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