PARADYNE CORPORATION AND CRUM & FORSTER, APPELLANTS,
v.
CATHERINE SELMER, APPELLEE
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WIGGINTON, Judge.
We affirm the order of the deputy commissioner awarding claimant tempo rary total disability and wage-loss benefits, costs and interest. See Rodriguez v. Dade County School Board, 511 So. 2d 712 (Fla. 1st DCA 1987); Rhaney v. Dobbs House, Inc., 415 So. 2d 1277 (Fla. 1st DCA 1982); Alckar Wholesale Hardware Company v. Mason, 452 So. 2d 127 (Fla. 1st DCA 1984). However, in regard to the wage-loss benefits, we agree with the employer/carrier that claimant voluntarily limited her income by failing to accept the job offered by the employer. Bare complaints of pain and inability to work are insufficient to override medical evidence that the claimant is capable of working and does not satisfy the claimant’s evidentiary burden of proving that her inability to find work is due to physical disability related to the industrial injury. C. & B. Interiors v. Crispino, 446 So. 2d 242 (Fla. 1st DCA 1984). Accordingly, the cause is remanded for the deputy to apply the deemed earnings provision under section 440.15(3)(b)2, Florida Statutes (1985).
MILLS and SHIVERS, JJ., concur.
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Retreat Rest Home & CNA Ins. Co. v. Porter, 554 So. 2d 1198 (Fla. 1st DCA 1989)…strictions without any justification. Section 440.15(6), Fla. Stat. precludes any compensation award to an injured employee so long as the employee refuses to accept employment suitable to his or her capabilities. See also Para-dyne Corp. v. Selmer, 527 So. 2d 285 (Fla. 1st DCA 1988). The evidence clearly established that the employer offered suitable employment to claimant throughout the period for which benefits were awarded. Since claimant’s refusal of this employment was continuous, the award of benefits…
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Advanced Masonry Sys. & the PMA Ins. Grp. v. Sarafin Molina, 4 So. 3d 62 (Fla. 1st DCA 2009)…§ 440.15(7), Fla. Stat. (2001). Claimant’s testimony that he was in too much pain to attend employment interviews or to search for employment is insufficient to override medical evidence that he is capable of working. See Paradyne Corp. v. Selmer, 527 So. 2d 285, 286 (Fla. 1st DCA 1988); Olavarria v. Okeelanta Corp., 741 So. 2d 1249, 1250 (Fla. 1st DCA 1999) (explaining that “[a] claimant’s unexplained refusal of a specific offer of suitable employment available in the open labor market is inconsistent with…
Authorities Cited
- Ada Rhaney v. Dobbs House, 415 So. 2d 1277 (Fla. 1st DCA 1982)
- Margarette Rodriguez v. Dade Cnty. Sch. Bd. & Gallagher Bassett Ins. Serv., 511 So. 2d 712 (Fla. 1st DCA 1987)
- Spicer v. State, 446 So. 2d 242 (Fla. 1st DCA 1984)
- Alchar Wholesale Hardware Co. & Zurich Ins. Co. v. Mason, 452 So. 2d 127 (Fla. 1st DCA 1984)