FINANCIAL FIRE AND CASUALTY COMPANY, ET AL., PETITIONERS,

v.

F. EARLE INGERSON, AS ADMINISTRATOR AND PERSONAL REPRESENTATIVE OF EMMA DUNCAN, DECEASED, RESPONDENT

Citator

Cited By

• Flesche v. Interstate Warehouse & U. S. Fid. & Guar. Co., 411 So. 2d 919 (Fla. 1st DCA 1982)
  …odification based upon a change in earning capacity is contemplated by the statutes. Section 440.28, Florida Statutes. This was made clear by the Florida Industrial Commission in DuPont Plaza Hotel v. Schiffman, IRC Order 2-2326 (1973), cert denied, 291 So. 2d 5 (Fla.1974), overruling the Commission’s decision in Gomez v. Panelfab Products, Inc., 6 FCR 409 (1971), which had declared that a change in condition pursuant to Section 440.28 “refers only to physical condition and that wage earning capacity loss c…
• Tallahassee Mem'l Reg'l Med. Ctr. & Corporate Grp. Serv., Inc. v. Snead, 400 So. 2d 1016 (Fla. 1st DCA 1981)
  …d 980 (Fla.1977). In addition, modification based on proof of change of condition by increased earning capacity loss, independent of any increased impairment, has been upheld. Dupont Plaza Hotel v. Schiffman, 8 FCR 78 (Sept. 24, 1973), cert. denied, 291 So. 2d 5 (Fla.1974). The evidence in this case demonstrates that Snead’s condition had worsened, that she is continuously in pain, and that she is often absent from work due to pain. Accordingly, we find sufficient evidence to sustain the modification. The…
• Hall v. City OF Jacksonville & Travelers Ins. Co., 443 So. 2d 326 (Fla. 1st DCA 1983)
  …ge earning capacity even though the claimant’s physical condition remains unchanged and even though the original award was based on physical impairment and no economic loss. See DuPont Plaza Hotel v. Schiffman, IRC Order 2-2326 (1973), cert. denied, 291 So. 2d 5 (Fla.1974), and Flesche v. Interstate Warehouse, 411 So. 2d 919 (Fla. 1st DCA 1982). However, in the case at bar, no effort was made to demonstrate that claimant’s employability or wage earning capacity was any different than it was at the time of t…