WATSON-MAHANEY, INC. AND AMERICAN STATES INSURANCE COMPANY, APPELLANTS,
v.
ALEXANDER S. BEST, APPELLEE
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This case involves an appeal by an employer/carrier challenging a workers' compensation order awarding wage loss benefits. The appellate court reversed the award, finding the claimant ineligible due to reaching age 65 and failing to conduct an adequate work search.
No, the claimant was ineligible for wage loss benefits because he reached age 65 and became eligible for social security retirement benefits. Additionally, the claimant's work search efforts were inadequate to prove entitlement to wage loss benefits.
[1] A claimant's right to wage loss benefits terminates upon reaching age 65 and becoming eligible for social security retirement benefits.
[2] A claimant must demonstrate a bona fide and conscientious effort to obtain employment commensurate with post-accident capabilities to prove entitlement to wage loss benef…
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“Section 440.15(3)(b)3.d., Fla.Stat. (1981) provides that a claimant’s right to wage loss benefits shall terminate when the claimant reaches age 65 and becomes eligible for social security retirement benefits.”
Establishes the statutory basis for ineligibility due to age and social security eligibility.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe claimant was awarded wage loss benefits from April 12, 1983, to June 23, 1984. The employer/carrier appealed, arguing the claimant was ineligible …
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THOMPSON, Judge.
This is an appeal from a workers’ compensation order which awards wage loss and other benefits. Among the several issues raised by the employer/carrier (E/C) is the propriety of the deputy commissioner’s (deputy) decision to award wage loss benefits for the period from April 12, 1983 to June 23, 1984. Specifically, the E/C argue that claimant is ineligible for wage loss benefits under § 440.-15(3)(b)3.d., Fla.Stat. (1981), and that claimant failed to conduct a proper work search. We agree that the deputy erred in awarding wage loss benefits.
Section 440.15(3)(b)3.d., Fla.Stat. (1981) provides that a claimant’s right to wage loss benefits shall terminate when the claimant reaches age 65 and becomes eligible for social security retirement benefits. In his order, the deputy failed to expressly rule on the application of said statute, notwithstanding the uncontradict-ed record evidence showing that claimant turned 65 on October 28, 1983. See Ralston Purina Co. v. Byers, 457 So. 2d 1138 (Fla. 1st DCA 1984).
Furthermore, in order to prove entitlement to wage loss benefits, a claimant must show that he or she has made a bona fide and conscientious effort to obtain employment commensurate with his or her post-accident capabilities.
The evidence that the claimant in this case sought work following his doctor’s determination that he could return to work consist ed solely of the claimant’s own testimony that he looked for work by reading the classified ads and by regularly contacting his union hiring hall. This work search evidence was entirely inadequate to support a conclusion that a good faith work search was conducted. Couture Fashions, Inc. v. Romay, 461 So. 2d 235 (Fla. 1st DCA 1984).
Accordingly, those portions of the order which find that claimant satisfied all of the statutory prerequisites for entitlement to wage loss benefits and which direct the E/C to pay wage loss benefits for the period from April 12, 1983 to June 23, 1984 are reversed.
We find no merit in the other issues raised.
AFFIRMED in part and REVERSED in part.
ERVIN and SHIVERS, JJ., concur.
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Ringling Bros. Barnum & Bailey Circus & Ins. Co. of N. Am. v. Horst O'Blocki, 496 So. 2d 947 (Fla. 1st DCA 1986)…e Fashions at 239. The only evidence of a job search after April 1985 is O’Blocki’s testimony that he read classified ads. This is entirely inadequate to support a conclusion that a good faith work search was conducted. Watson-Mahaney, Inc. v. Best, 492 So. 2d 846 (Fla. 1st DCA 1986). Therefore, the award of TPD benefits for the period commencing 1 May 1985 through 24 May 1985 is reversed. Similarly, an injured employee seeking wage-loss benefits has the burden of showing not only a causal connection between…
Authorities Cited
- Ralston Purina Co. & Aetna Life & Cas. Co. v. Byers, 457 So. 2d 1138 (Fla. 1st DCA 1984)
- Couture Fashions, Inc. v. Edda Romay and Division of Workers' Compensation, 461 So. 2d 235 (Fla. 1st DCA 1984)