Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Publix Supermarkets, Inc. v. Franklin
467 So.2d 1031, 10 Fla. L. Week. 479, (Fla.App. 1 Dist., Feb 21, 1985)
Claimant failed to conduct proper job search but testimony revealed that she could only earn a certain wage even if work were found. Court affirmed deputy's ruling of wage loss benefits on the amount that claimant could have earned had an adequate job search been performed. This court stated that a claimant without medical restrictions may not substitute opinion evidence for work search as a means of establishing ability or inability to work. However in this case the opinion evidence established indirectly the value of that part of the claimant's wage loss attributable to medical restriction as opposed to inadequate search.Claimant denied wage loss benefits for period that no proper job search was performed except for a certain weekly amount awarded because the evidence showed even had an adequate job search been performed weekly earnings could not have been made to the extent of the claimant's average weekly wage. Claimant was earning over $200 prior to accident and the evidence indicated that in jobs that she could perform within her medical restrictions following the accident she could only earn $140. Wage loss benefits were awarded for the difference in the loss of wages and this determination was affirmed on appeal.Claimant failed to do adequate job search for claimed periods of wage loss. Testimony indicated that even had claimant done proper job search she could not have earned any more than certain amount. Regardless of the fact that no work search was performed wage loss benefits were awarded based on the amounts that the claimant could have earned had she found or located a job within her physical capabilities.
