HYATT HOTEL AND ALEXSIS RISK MANAGEMENT, APPELLANTS,
v.
EDUARDO LALU, APPELLEE
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The court affirmed the JCC's finding that the claimant conducted a good faith job search within his limitations, supporting an award of wage loss benefits.
A claimant's good faith job search is a factual determination within the JCC's discretion, and competent substantial evidence supported the finding that the claimant made a valid good faith search within his physical and experiential limitations.
[1] The credibility and sufficiency of evidence to establish a good faith work search is a factual determination within the judge of compensation claims' discretion, evaluate…
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Join FLexlaw to unlock all legal intelligenceThe claimant suffered work-related injuries and sought wage loss benefits. The JCC found that from December 24, 1990 through April 28, 1991, the claim…
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PER CURIAM.
This workers’ compensation case comes before the court for review following the entry of an order on remand from this court’s decision in Hyatt Hotel v. Lain, 605 So. 2d 965 (Fla. 1st DCA 1992). The question we posed for consideration on remand was “whether claimant voluntarily limited his income by failing to search for jobs within his limitations.” 605 So. 2d at 966. Hyatt Hotel now challenges the JCC’s finding “that the claimant did in fact make a good faith job search trying to find work in the only area he was familiar with. Based upon the claimant’s injuries, prior work history and experience, I find that he did conduct a valid and good faith job search from December 24, 1990 through April 28, 1991.”
“The credibility and sufficiency of evidence to establish a good faith work search is a factual matter to be determined by the [JCC].” City of Tampa v. Bartley, 413 So. 2d 1280, 1282 (Fla. 1st DCA 1982). The JCC should look at all the circumstances, including “actual physical impairment, age, industrial history, training and education, motivation, work experience, work record, diligence and the like.” Paramount Poultry v. Mims, 472 So. 2d 1281, 1283 (Fla. 1st DCA 1985) (quoting Regency Inn v. Johnson, 422 So. 2d 870, 877, n. 5 (Fla. 1st DCA 1982)).
Because competent substantial evidence supports the JCC’s allowance of wage loss benefits from December 24, 1990 through April 28, 1991, the order on appeal is AFFIRMED.
ERVIN, JOANOS and KAHN, JJ., concur.
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Authorities Cited
- Regency INN v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982)
- Paramount Poultry & Gab Bus. Servs., Inc. v. Mims, 472 So. 2d 1281 (Fla. 1st DCA 1985)
- City OF Tampa v. Bartley, 413 So. 2d 1280 (Fla. 1st DCA 1982)
- Hyatt Hotel & Alexsis Risk Mgmt. v. Lalu, 605 So. 2d 965 (Fla. 1st DCA 1992)