FLORIDA SHEET METAL AND CLAIMS CENTER, APPELLANTS,
v.
EDWIN STIFFLER, APPELLEE
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This workers' compensation appeal concerns whether a claimant with a work-related injury made a good-faith job search after termination to qualify for wage-loss benefits. The court affirmed temporary wage-loss benefits but reversed and remanded the award of permanent wage-loss benefits because the judge's order was ambiguous regarding the basis for finding a good-faith job search.
The court affirmed the award of temporary partial wage-loss benefits but reversed the award of permanent wage-loss benefits and remanded because the judge's order failed to adequately explain the basis for determining that the claimant completed a good-faith work search, preventing meaningful appellate review.
[1] An order awarding wage-loss benefits must be reversed if it fails to state the basis on which the judge of compensation claims determined that the claimant completed a go…
[2] A judge of compensation claims must consider all circumstances relating to the adequacy of a work search when determining whether it was in good faith.
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“The foregoing order is ambiguous, in that it fails to state the basis on which the JCC determined that claimant had completed a good-faith work search for the period in question.”
Establishes the core defect requiring reversal—lack of clear findings regarding the good-faith job search determination.
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 was injured in a work-related accident on June 6, 1988, resulting in five percent permanent impairment. He returned to work on May 11, 19…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This cause is before us on appeal from an order of the judge of compensation claims (JCC) awarding temporary partial wage-loss benefits for the period May 2, 1989 through August 14, 1989, and wage-loss benefits for the periods August 14, 1989 through September 1, 1989, and October 14, 1989 through November 29, 1991. We affirm without discussion the award of temporary wage-loss benefits. However, the award of wage-loss benefits merits discussion.
On June 6, 1988, claimant was injured in a work-related accident, resulting in a five-percent permanent impairment. On May 11,1989, claimant returned to work at Florida Sheet Metal but was terminated on August 29,1989, due to excessive absenteeism. In March of 1990, claimant was rehired by Florida Sheet Metal but was again terminated for excessive absenteeism. Claimant reached maximum medical improvement (MMI) on August 14, 1989.
Lynn McCoy, a licensed rehabilitation provider, was hired by Florida Sheet Metal to assist claimant in obtaining employment. She testified that claimant was unwilling to accompany her on job searches and did not cooperate in her efforts to locate employment. Ms. McCoy supplied 71 different job leads within claimant's restrictions and offered transportation to conduct the search. Claimant contacted 14 of these prospective employers. For the period following MMI, claimant contacted approximately 29 potential employers, with most contacts occurring in October 1990.
After final hearing, the JCC found that: [Claimant has made efforts to find employment as demonstrated by his job search and wage loss claim forms submitted into evidence. I find that the job search and the wage loss claims have been submitted after a good faith job search in light of the claimant’s entire picture. I have observed the claimant in the trial and he presents a picture of some physical limitation and pain in accordance with the assignment by his physicians.
The claimant is poorly educated and appears in court to be almost retarded.
The employer has terminated the claimant and the claimant has made a good faith job search since termination. The foregoing order is ambiguous, in that it fails to state the basis on which the JCC determined that claimant had completed a good-faith work search for the period in question. Grace v. Collier County School Board, 552 So. 2d 961 (Fla. 1st DCA 1989) (order must be reversed if reviewing court cannot determine whether JCC considered all circumstances relating to adequacy of work search); Trujillo v. Southern Wine & Spirits, 525 So. 2d 481 (Fla. 1st DCA 1988). Therefore, we must reverse and remand for findings sufficient to afford effective appellate review.
Accordingly, we affirm in part, and reverse and remand for further proceedings consistent herewith.
BOOTH, WOLF, and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Roll v. Inlet, 609 So. 2d 674 (Fla. 1st DCA 1992)…sue a good-faith job search.1 It cannot be determined from the order, however, whether the JCC considered all appropriate factors and circumstances. Thus, a remand based on this court’s decision in Gill is justified, Florida Sheet Metal v. Stiffler, 593 So. 2d 610 (Fla. 1st DCA 1992). I would note, however, that the failure of the employer to assist in the work search is only one of many factors to be considered by the JCC in determining, on remand, whether the claimant failed to conduct an adequate job searc…
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Iran Lomax Boles v. W. Orange Paint & Body & First Alliance Ins. Co., 667 So. 2d 951 (Fla. 1st DCA 1996)…claimant had "submitted temporary partial wage loss forms in a reasonably prompt manner,” and had “looked for employment in a good faith manner” did not meet standard established for proof of good-faith job search); Florida Sheet Metal v. Stiffler, 593 So. 2d 610, 611 (Fla. 1st DCA 1992) (order reversed and remanded for further findings, where JCC was ambiguous in failing to state the basis upon which he determined that claimant had completed a good-faith work search for period in question); Trujillo v. Sout…
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PIC N' Save & Gay & Taylor, Inc. v. Edens, 653 So. 2d 1132 (Fla. 1st DCA 1995)…ositions; the income she earned in such employment; and the nature, extent, geographical scope, and dates of the job searches she performed while working full-time either for herself or for others. In a similar case, Florida Sheet Metal v. Stiffler, 593 So. 2d 610 (Fla. 1st DCA 1992), the E/C appealed an order containing these findings: [CJlaimant has made efforts to find employment as demonstrated by his job search and wage loss claim forms submitted into evidence. I find that the job search and wage loss c…
Authorities Cited
- Trujillo v. S. Wine & Spirits, 525 So. 2d 481 (Fla. 1st DCA 1988)
- Grace v. Collier Cnty. Sch. Bd. & Gallagher Bassett Servs., 552 So. 2d 961 (Fla. 1st DCA 1989)