ROGER MARTINEZ, APPELLANT,
v.
LAKE PARK AUTO BROKERS, INC., AND UNISOURCE ADMINISTRATORS, INC., C & I INS. CO, AIG SB, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this workers' compensation appeal, the court reversed a denial of permanent total disability (PTD) benefits and remanded for reconsideration because the JCC failed to evaluate whether the claimant's job search was adequate under the alternative method established in Blake v. Merck & Co.
The JCC's order is reversed and remanded because the JCC failed to address the adequacy of claimant's job search under the second alternative method for proving PTD entitlement established in Blake. The JCC must reconsider whether claimant's job search was exhaustive and conducted in good faith.
[1] A claimant may prove entitlement to permanent total disability benefits by establishing permanent work-related physical restrictions coupled with an exhaustive but unsucc…
[2] Proof of a causal connection between physical limitations and an unsuccessful job search may be inferred from a claimant's inability to find employment after an exhaustiv…
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“by presenting evidence of (1) permanent medical incapacity to engage in at least sedentary employment, within a 50-mile radius of the employee's residence, due to physical limitation; (2) permanent work-related physical restrictions coupled with an exhaustive but unsuccessful job search; or (3) permanent work-related physical restrictions that, while not alone totally disabling, preclude Claimant from engaging in at least sedentary employment when combined with vocational factors.”
Establishes the three alternative methods for proving PTD entitlement under Blake v. Merck & Co.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClaimant appealed a JCC order denying PTD and supplemental PTD benefits. The JCC found that claimant's job search did not establish that his inability…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Job Search Adequacy cases and more on FLexlaw
In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying permanent total disability (PTD) and supplemental PTD benefits. We remand because the JCC failed to address the adequacy of Claimant’s job search.
Section 440.15(l)(b), Florida Statutes (2006), provides that an injured employee may prove entitlement to PTD benefits by “establishing] that he or she is not able to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.” We have explained that there are three alternative methods by which a claimant may prove entitlement to PTD benefits:
by presenting evidence of (1) permanent medical incapacity to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence, due to physical limitation; (2) permanent work-related physical restrictions coupled with an exhaustive but unsuccessful job search; or (3) permanent work-related physical restrictions that, while not alone totally disabling, preclude Claimant from engaging in at least sedentary employment when combined with vocational factors.
Blake v. Merck & Co., 43 So.3d 882, 883 (Fla. 1st DCA 2010) (emphasis added).
Here, the JCC found Claimant’s job search “does not establish that his inability to secure at least sedentary employment within a 50-mile radius of his residence was ‘due to his physical limitations,’ ” a finding that addresses the first method listed in Blake. The JCC failed to consider, however, the possibility of Claimant’s entitlement under the second method, likely because the JCC did not have the benefit of Blake at the time she entered her order. Blake requires remand for the JCC to consider the adequacy of Claimant’s job search.
We find no merit to the Employer/Carrier’s contention that Claimant must also present direct proof of a causal connection between his physical limitations and his unsuccessful job search. This court has never required direct proof of such a connection; rather, this is a finding that may be inferred from a claimant’s inability to find employment after an exhaustive job search. See Fla. Mining and Minerals v. Brantley, 418 So.2d 352, 353 (Fla. 1st DCA 1982) (“[Although there is no direct proof of rejection for a job because of [Brantley’s] disability, such direct proof of this essential element has not been required by prior decisions of this court.”). The job search must, however, be conducted in good faith, and JCCs retain discretion to find a job search inadequate. See Publix Supermarkets, Inc. v. Redding, 689 So.2d 1253, 1254 (Fla. 1st DCA 1997) (“[I]n passing on the sufficiency of a work search, the JCC must decide whether claimant’s efforts were reasonable and performed in good faith in light of all the relevant circumstances: physical impairment, age, industrial history, training, education, motivation, work experience, work record, and diligence.”) (quoting Borges v. Osceola Farms Co., 651 So.2d 173, 174 (Fla. 1st DCA 1995)); Korody v. Quality Steel & Claims Ctr., 694 So.2d 40, 42 (Fla. 1st DCA 1997) (“There is no ‘absolute number of minimum or average monthly contacts as a threshold require*535ment for an adequate work search. The decisions of this court have cautioned against such a mechanical approach, emphasizing instead that the adequacy of a work search is a factual issue which is dependent upon the totality of the circumstances, including quality and context as well as number of job contacts, in each case.’ ”) (quoting GCC Beverages v. Simmons, 571 So.2d 59, 60 (Fla. 1st DCA 1990)). Cf. Holiday Care Ctr. v. Scriven, 418 So.2d 322, 326 (Fla. 1st DCA 1982) (“[O]ne who does not look for work she is physically able to perform risks not only the postponement of gainful employment but also her continuing entitlement to wage loss benefits during a conscientious search.”).
For these reasons, the order on appeal is reversed and this case is remanded to the JCC for further proceedings consistent with this opinion.
REVERSED and REMANDED for further proceedings.
ROBERTS, CLARK and WETHERELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Buttrick v. BY THE SEA Resorts & Claims Ctr., 84 So. 3d 476 (Fla. 1st DCA 2012)…is directed to this Court’s recent opinion addressing the proof necessary to establish a connection between a claimant’s physical limitations and the inability to locate employment after a lengthy job search. See Martinez v. Lake Park Auto Brokers, 60 So. 3d 533, 534 (Fla. 1st DCA 2011) (“This court has never required direct proof of such a connection [between physical limitations and an unsuccessful job search]; rather this is a finding that may be inferred from a claimant’s inability to find employment af…
Authorities Cited
- Holiday Care Ctr. v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982)
- Blake v. Merck & Co., 43 So. 3d 882 (Fla. 1st DCA 2010)
- Borges v. Osceola Farms Co. & Nat'l Emp'rs Co., 651 So. 2d 173 (Fla. 1st DCA 1995)
- GCC Beverages & Liberty Mut. Ins. Co. v. Simmons, 571 So. 2d 59 (Fla. 1st DCA 1990)
- Korody v. Quality Steel & Claims Ctr., 694 So. 2d 40 (Fla. 1st DCA 1997)
- Fla. Mining & Minerals & Whiting Nat'l Servs., Inc. v. Foster Brantley, 418 So. 2d 352 (Fla. 1st DCA 1982)
- Publix Supermarkets, Inc. v. Redding, 689 So. 2d 1253 (Fla. 1st DCA 1997)