LAMAR CLARK, APPELLANT,
v.
DUCK KEY MARINA, INC. AND FEISCO, APPELLEES

Fla. 1st DCA | 1992-07-15
No. 91-2210
SHIVERS and MINER, JJ., concur.
602 So. 2d 677 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 2 cases
Topics
Burden Of Proof In Workers' Compensation Worker'S Compensation Burden Of Proof

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Opinion of the Court
ALLEN, Judge.

ALLEN, Judge.

The claimant appeals a workers’ compensation order by which a claim for various benefits was denied. Among other contentions, the claimant asserts that he should be excused from a job search obligation under the authority of cases such as Michael v. National Industries, Inc., 599 So. 2d 243 (Fla. 1st DCA 1992). In Michael the record established without controversion that the employer/carrier had failed to provide the claimant with job search information. There is no such evidence in the present case, and the employer/carrier’s failure to provide job search information may not be presumed from a silent record. If a claimant seeks to be relieved of a job search obligation when it would otherwise be a necessary aspect of the claimant’s burden of proof, the claimant must insure that the record affirmatively reflects the necessary predicate for such relief.

The appealed order is affirmed.

SHIVERS and MINER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • MAC Papers, Inc. v. Cruz, 658 So. 2d 108 (Fla. 1st DCA 1995)
    …argument. The record contains no proof of the extent of Claimant’s knowledge of the statutory work-search requirements. Just as we will not infer from a silent record the absence of notice required by section 440.185, Clark v. Duck Key Marina, Inc., 602 So. 2d 677 (Fla. 1st DCA 1992), neither will we infer from a silent record actual knowledge of the statutory requirements for a valid work search. Merely looking for work does not establish actual knowledge of the requirements of subsection 440.15(3)(b)(2) tha…
  • Pentecost v. State, 637 So. 2d 985 (Fla. 1st DCA 1994)
    …SMITH, Judge. Appellant appeals the trial court’s order denying his motion for post-conviction relief, contending that the trial court failed to comply with the directive of this court in Pentecost v. State, 602 So. 2d 677 (Fla. 1st DCA 1992). We agree and reverse and remand for an evidentiary hearing. In Pentecost v. State, 545 So. 2d 861 (Fla.1989), the Florida Supreme Court reversed appellant’s death sentence for the first degree murder of his mother-in-law and re…
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