SCHOOL BOARD OF MANATEE COUNTY AND JOHNS EASTERN COMPANY, INC., APPELLANTS,
v.
CHRIS LAMAR GAMBUZZA, 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.
In this workers' compensation appeal, the court reversed an award of temporary partial disability and wage-loss benefits to an employee, finding no competent evidence that the claimant's wage loss resulted from an industrial accident rather than a demotion that occurred before the injury.
The court held that there is no competent, substantial evidence supporting the deputy commissioner's finding that the demotion occurred after the industrial accident. The evidence clearly showed the demotion occurred before the injury, and therefore the wage loss was not caused by the compensable injury. The court also reversed the award of 61 hours of sick leave or temporary partial disability benefits for therapy sessions because the claimant presented no evidence that the extra time off was required as part of his therapy.
[1] A claimant bears the burden of establishing that wage loss is the result of a compensable injury.
[2] A claimant must demonstrate that a compensable, physical limitation is a contributing causative factor to wage loss, not necessarily the sole cause.
Previewing 2 of 5 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“Claimant has the burden of establishing the wage loss claimed is the result of the compensable injury.”
Establishes that the burden rests on the claimant to prove causation between the injury and wage loss.
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 sustained an industrial accident on January 4, 1985. The claimant's supervisor testified that he recommended demotion in November 1984, w…
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 Vocational Rehabilitation cases and more on FLexlaw
PER CURIAM.
This cause is before us on appeal from a workers’ compensation order which in pertinent part awarded claimant temporary partial disability (TPD) benefits from February 3 to November 19, 1985, wage-loss benefits from November 19, 1985, through the date of the hearing, a vocational rehabilitation evaluation, and TPD benefits or reimbursement for 61 hours of sick leave for the months of May, June, and July, 1985. We reverse.
The issue on appeal is whether there is competent, substantial evidence to support the deputy commissioner’s finding that claimant’s wage loss was caused by a demotion occurring “after the industrial accident of January 4, 1985.”
We find there is no competent, substantial evidence to support the deputy’s finding that the demotion occurred “after the industrial accident of January 4, 1985.” The evidence reflects claimant’s wage loss was due to a demotion occurring before the industrial accident. Likewise, the evidence does not support the award of 61 hours of TPD benefits or sick leave.
Claimant has the burden of establishing the wage loss claimed is the result of the compensable injury. § 440.15(3)(b)2, Fla.Stat.; Regency Inn v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982), petition for review denied, 431 So. 2d 989 (Fla.1983). All claimant must show is that the compensable, physical limitation is a contributing causative factor, not that the impairment is the sole cause of the wage loss. City of Clermont v. Rumph, 450 So. 2d 573 (Fla. 1st DCA 1984). The deputy must look to the totality of circumstances to determine whether claimant has demonstrated a causal relationship between the injury and the wage loss. Williams Roofing, Inc. v. Moore, 447 So. 2d 968 (Fla. 1st DCA 1984).
Here, claimant's supervisor testified that he recommended claimant be demoted in November of 1984, well before the January 4, 1985 accident. This testimony is supported by the November 9,1984 evaluation of claimant. The back problems addressed in this document clearly have no connection with the injury claimant sustained on January 4, 1985. Claimant’s supervisor also testified that the actual demotion occurred in the morning, before the accident occurred around noon. Claimant testified that the January 4 accident occurred in the afternoon. When asked if his conversation with his supervisor regarding his demotion occurred after the accident, claimant testified that his supervisor had discussed it prior to his accident, but he did not remember the dates. Claimant’s testi mony does not refute that he was informed of the demotion before his accident.
The evidence reflects that claimant’s wage loss was caused by the demotion occurring prior to the January 4, 1985 industrial accident. Therefore, we reverse the award of TPD benefits from February 3 through November 19, 1985 and the wage-loss benefits from November 19,1985 through the date of the hearing with the corresponding . vocational rehabilitation evaluation.
We also reverse the 61 hours of sick time or TPD benefits awarded claimant for the time he took for therapy sessions. Although there may be some confusion regarding the time claimant took off for therapy, it is clear that therapy sessions were never more than 30 minutes long, and claimant was allowed to leave work for at least one hour per session without having his sick leave docked. Claimant admitted he did not return to work after his therapy sessions because no one told him to. Claimant presented no evidence that this extra time off was required as part of his therapy.
Accordingly, we reverse and remand for entry of an order consistent with this opinion.
BOOTH, JOANOS and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Turner v. G. Pierce Wood Mem'l Hosp. & State of Fla., 600 So. 2d 1153 (Fla. 1st DCA 1992)…pensable physical limitation was an element in the causal chain resulting in or contributing to the wage loss.’ ” STC/Documation v. Burns, 521 So. 2d 197, 198 (Fla. 1st DCA 1988) (emphasis added). See also School Board of Manatee County v. Gambuzza, 510 So. 2d 992, 993 (Fla. 1st DCA 1987). The aggravation of a psychiatric condition is compensable if shown to be the direct and proximate result of an industrial accident. Younkman v. Waste Collection Services, 576 So. 2d 801, 803 (Fla. [*1157] 1st DCA 1991); Lil…
-
A.C. Elec. Co. & Feisco v. Kwitchen, 525 So. 2d 993 (Fla. 1st DCA 1988)…the deputy’s findings of Kwitchen’s entitlement to wage-loss benefits in that he met his burden of showing that his compensable physical limitation was a contributing causative factor to his wage-loss. See School Board of Manatee County v. Gambuzza, 510 So. 2d 992, 993 (Fla. 1st DCA 1987). However, a portion of the award was made from 4 October 1986 to 27 January 1987. The record reflects that a wage-loss form was filed only for the period 4 October to 24 October 1986. As this court held in Old Cove Condo v…
-
Standard Brands & Aetna Life & Cas. Ins. v. Rollin Richard Coomer, 575 So. 2d 1356 (Fla. 1st DCA 1991)…mic conditions or the unavailability of employment or his own misconduct. Claimant has the burden of showing any wage loss claimed is the result of a compensable injury. § 440.15(3)(b)2, Fla.Stat. (1989); School Board of Manatee County v. Gambuzza, 510 So. 2d 992 (Fla. 1st DCA 1987). In the instant case, there is no evidence that claimant suffered wage loss as a result of his compensable injury in each month for which benefits were awarded. Claimant earned approximately $49,000 a year as the general manager…1 / 2
Authorities Cited
- Regency INN v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982)
- City OF Clermont & Aetna Ins. Co. v. Rumph, 450 So. 2d 573 (Fla. 1st DCA 1984)
- Trella Martinez v. Martinez, 447 So. 2d 968 (Fla. 1st DCA 1984)