CHRISTOPHER MOORE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Whitaker v. N. Am. Tank Lines, Inc., 987 So. 2d 1265 (Fla. 1st DCA 2008)
  …er which did prevent him from returning to his past occupation as a truck driver.” The JCC accepted the claimant’s testimony as more credible than the employer’s witness. We find this case is controlled by Myers v. Hillsborough County School Board, 911 So. 2d 851, 852 (Fla. 1st DCA 2005). There we held that there was no competent, substantial evidence that the claimant therein voluntarily limited his income when he left his position. The claimant in Myers testified that “he quit only because his supervisors…
• Sandvik v. Decoursey, 31 So. 3d 931 (Fla. 1st DCA 2010)
  …imited his income by refusing light duty employment within his physical restrictions and failed to look for any other employment. At trial, the E/C had the burden of proving its affirmative defenses. See, e.g., Myers v. Hillsborough County Sch. Bd., 911 So. 2d 851, 852 (Fla. 1st DCA 2005). Except for proving the Claimant voluntarily limited his income for the five-day period from December 17, 2008, through December 22, 2008, the E/C failed to meet its burden. Indeed, the E/C wholly failed to prove that the Cl…

Authorities Cited

• Logan v. State, 846 So. 2d 472 (Fla. 2003)