GREGORY LEE SPARKS, APPELLANT,
v.
ALUMA SHIELD INDUSTRIES AND CLAIMS CENTER, APPELLEES
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A worker with a prior work-related impairment was fired for insubordination during a temporary work assignment. Although the termination was justified, the court held that he may still be eligible for wage-loss benefits if his injury prevented him from obtaining comparable employment, and remanded for the deputy commissioner to address this issue rather than ending the inquiry at justifiable termination.
The court held that a worker justifiably fired may still be eligible for wage-loss benefits if his work-related impairment prevented him from obtaining employment within his abilities at his prior wage, and the inquiry does not end with a determination that the termination was justified.
[1] A claimant may be eligible for wage-loss benefits even if terminated for reasons unrelated to their work injury, if the injury prevents them from obtaining employment wit…
[2] A deputy commissioner's finding that a claimant was justifiably fired does not end the inquiry into eligibility for wage-loss benefits.
Previewing 2 of 3 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“Even if a worker is justifiably fired or is otherwise terminated for reasons unrelated to his injury, he may still be eligible for wage-loss benefits if his injury left him with a condition which prevents him from obtaining employment within his abilities at his prior wage.”
Establishes the controlling legal standard that wage-loss benefits eligibility is not foreclosed by justified termination for non-injury-related reasons.
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Join FLexlaw to unlock all legal intelligenceGregory Lee Sparks, a 32-year-old mechanical parts assembler employed since 1981, suffered compensable work-related injuries in 1981 and 1983, resulti…
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PER CURIAM.
This cause is before us on appeal of an order denying claimant wage-loss benefits for July and August 1986. Claimant is a 32-year-old mechanical parts assembler, who began working for the employer in 1981 as a shipping clerk. In 1981 and 1983, he was compensably injured. Following the injuries, he was placed on lighter duty as an assembler in the machine shop. He has a ten percent permanent impairment rating.
In July 1986, a large part of the employer’s work force was on vacation.
Consequently, there was more work than employees. To solve this problem, the employer temporarily assigned many of its employees to different departments. Claimant was asked to temporarily work in the trim shop and, after one day’s work, returned to his assembly job without asking permission. When the plant manager found him and asked him to return to the trim shop, he refused. What happened next was disputed, but claimant was ultimately fired for insubordination. The deputy commissioner found that claimant’s termination was justified and, consequently, found that any wage loss for July and August 1986 was not causally related to claimant’s work-related impairment. The deputy made no findings on the adequacy of claimant’s job search.
The record contains ample competent, substantial evidence supporting the deputy’s ruling that claimant was justifiably fired.
However, claimant correctly contends that the law does not end the inquiry there. Even if a worker is justifiably fired or is otherwise terminated for reasons unrelated to his injury, he may still be eligible for wage-loss benefits if his injury left him with a condition which prevents him from obtaining employment within his abilities at his prior wage. See Williams Roofing, Inc. v. Moore, 447 So. 2d 968, 972 (Fla. 1st DCA 1984); Superior Pontiac v. Hearn, 458 So. 2d 1197, 1199 (Fla. 1st DCA 1984); Oxford Building Service v. Allen, 498 So. 2d 523, 524 (Fla. 1st DCA 1986); City of Miami v. Simpson, 496 So. 2d 899, 901 (Fla. 1st DCA 1986); Whalen v. U.S. Elevator, 486 So. 2d 670, 671 (Fla. 1st DCA 1986).
Because the record and the deputy commissioner’s order clearly show that the deputy believed that the only issue was whether claimant was justifiably fired, we must reverse and remand for a determination of whether claimant’s post-termination wage loss was related to his work-related impairment. In this connection, we hold that the deputy is not precluded from taking additional evidence. See Whalen v. U.S. Elevator, supra at 671.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
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Betancourt v. Sears Roebuck & Co. & Kemper Ins. Co., 693 So. 2d 680 (Fla. 1st DCA 1997)…2d 169, 170 (Fla. 1st DCA 1984). A claimant may still be entitled to benefits if the compensable injury left the claimant in a condition which precludes employment within his or her abilities at his or her prior wage. Sparks v. Alumd Shield Indus., 523 So. 2d 680 (Fla. 1st DCA 1988). The issue of whether the claimant has shown a causal relationship between his or her compensable injury and the wage loss claimed is one of fact to be determined by the JCC upon a consideration of the totality of the circumstan…
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Vencor Hosp. & Sentry Claims Serv. v. Ahles, 727 So. 2d 968 (Fla. 1st DCA 1998)…(Fla. 1st DCA 1982). This has been applied to situations in which a claimant returns for a successful period of post-injury employment and is subsequently fired or suspended for reasons unrelated to his injury. See Sparks v. Aluma Shield Industries, 523 So. 2d 680 (Fla. 1st DCA 1988) (claimant justifiably fired for insubordination); Western Union Telegraph Company v. Perri, 508 So. 2d 765 (Fla. 1st DCA 1987)(claimant suspended for insubordination); Johnston v. Super Food Services, 461 So. 2d 169 (Fla. 1st DCA…1 / 2
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Ninia v. Sw. Bottlers & Liberty Mut. Ins. Co., 547 So. 2d 966 (Fla. 1st DCA 1989)…d for reasons unrelated to his injury, “he may still be eligible for wage loss benefits if his injury left him with a condition which prevents him from obtaining employment within his abilities at his prior wages.” Sparks v. Aluma Shield Industries, 523 So. 2d 680 (Fla. 1st DCA 1988); Lamazares v. Rinker Southeastern Materials Corp., 519 So. 2d 34 (Fla. 1st DCA 1987); Whalen v. U.S. Elevator, 486 So. 2d 670 (Fla. 1st DCA 1986); Johnston v. [*969] Super Food Services, 461 So. 2d 169 (Fla. 1st DCA 1984). In li…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Trella Martinez v. Martinez, 447 So. 2d 968 (Fla. 1st DCA 1984)
- Whalen v. U.S. Elevator & U.S. Fid. & Guar. Co., 486 So. 2d 670 (Fla. 1st DCA 1986)
- Superior Pontiac and Lynn Underwriting v. Hearn, 458 So. 2d 1197 (Fla. 1st DCA 1984)
- City OF Miami v. Simpson, 496 So. 2d 899 (Fla. 1st DCA 1986)
- Oxford Bldg. Serv. & Liberty Mut. Ins. Co. v. Allen, 498 So. 2d 523 (Fla. 1st DCA 1986)