JOSEPH NAPIER, ET AL, APPELLANTS,

v.

CSX TRANSPORTATION, INC., APPELLEE

Citator

Cited By

• Nickolls v. Univ. OF Fla. & Div. of Risk Mgmt., 606 So. 2d 410 (Fla. 1st DCA 1992)
  …JCC has the authority to determine whether the employee had the physical ability to resume his or her former duties, notwithstanding the employer’s failure to inform, its conclusion is not supported by this court’s decision in Parker v. Eaton Corp., 554 So. 2d 644 (Fla. 1st DCA 1989). There, after claimant had been released by her physician to return to work with restrictions, she was terminated from her employment for reasons unrelated to her injury. This court reversed the JCC’s denial of benefits following…

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• Rolle v. Picadilly Cafeteria, 573 So. 2d 94 (Fla. 1st DCA 1991)
  …ore, a finding of maximum medical improvement is precluded where treatment is being provided with a reasonable expectation that it will bring about some degree of recovery, even if that treatment ultimately proves ineffective. Parker v. Eaton Corp., 554 So. 2d 644, 646 (Fla. 1st DCA 1989). In making the maximum medical improvement finding here at issue, the judge discounted Dr. Kahn’s testimony on the ground that Dr. Kahn made no objective neurological findings. However, objective findings are not necessaril…
• Brosnan v. Sourbeck Roofing, Inc., 578 So. 2d 460 (Fla. 1st DCA 1991)
  …ontiac v. Hearn, 458 So. 2d 1197, 1199 (Fla. 1st DCA 1984). The basic or primary element is proof that the physical limitations attributable to the industrial accident are a contributory causal factor in the alleged wage loss. Parker v. Eaton Corp., 554 So. 2d 644, 647 (Fla. 1st DCA 1989); Wal-Mart v. Ball, 541 So. 2d 752, 755 (Fla. 1st DCA 1989); Superior Pontiac v. Hearn, 458 So. 2d at 1199. A good faith work search is an “evidentiary vehicle by which employability, or lack of it, is proven.” Anderson v. S…

Authorities Cited

• Marine Midland Bank Cent. v. Cote, 384 So. 2d 658 (Fla. 5th DCA 1980)