WANDA CARROLL, APPELLANT,
v.
BELKNAP INC. AND WAUSAU INSURANCE CO., APPELLEES
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PER CURIAM.
Wanda Carroll appeals a workers’ compensation order which, inter alia, finds that her testimony regarding her job search was not credible, rejects it, and denies her claim for wage loss or temporary partial disability benefits. We reverse and remand.
It is not apparent from the record why the deputy commissioner (deputy) rejected claimant’s uncontroverted testimony and prima facie showing of a job search. Tampa Electric Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985); Irving v. City of Daytona Beach, 472 So. 2d 810 (Fla. 1st DCA 1985). Although the deputy is the trier of fact he cannot reject a claimant’s uncontroverted testimony simply because he finds it not credible when the lack of credibility has no apparent support in the record. Calleyro v. Mt. Sinai Hospital, 504 So. 2d 1336 (Fla. 1st DCA 1987). Therefore, we reverse the denial of wage loss and temporary partial disability benefits, and remand with directions that the deputy either award the benefits claimed or specify his grounds for rejecting the job search evidence.
REVERSED AND REMANDED.
BOOTH, SHIVERS and THOMPSON, JJ., concur.
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Ninia v. Sw. Bottlers & Liberty Mut. Ins. Co., 547 So. 2d 966 (Fla. 1st DCA 1989)…has made a prima facie showing of a good faith work search, it is improper to deny benefits based on a finding that claimant’s testimony was not credible, when the lack of credibility has no apparent support in the record. Carroll v. Belknap, Inc., 536 So. 2d 1056 (Fla. 1st DCA 1988); Calleyro v. Mt. Sinai Hospital, 504 So. 2d 1336 (Fla. 1st DCA), review denied, 513 So. 2d 1062 (Fla.1987); Irving v. City of Daytona Beach, 472 So. 2d 810 (Fla. 1st DCA 1985). Finally, even though a claimant is justifiably fire…
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Colin J. Moffat v. Fla. Unemployment Appeals Comm'n & Indian Lake Ests., Inc., 33 So. 3d 694 (Fla. 1st DCA 2010)…amada Inn Surfside v. Swanson, 560 So. 2d 300, 302 (Fla. 1st DCA 1990) (holding that "since this testimony was un-controverted, the judge was not at liberty to reject it without explicating sufficient reasons for so doing”); Carroll v. Belknap Inc., 536 So. 2d 1056, 1057 (Fla. 1st DCA 1988) (holding that "[ajlthough the deputy is the trier of fact he cannot reject a claimant's uncontro-verted testimony simply because he finds it not credible when the lack of credibility has no apparent support in the record”);…
Authorities Cited
- Calleyro v. MT. Sinai Hosp., 504 So. 2d 1336 (Fla. 1st DCA 1987)
- Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985)
- Irving v. City OF Daytona Beach, 472 So. 2d 810 (Fla. 1st DCA 1985)