Caterpillar Logistics, Inc., v. Amaya
41 FLW D557
Jury award of damages in favor of claimant was made based upon the fact that the employer had unlawfully retaliated against the claimant for filing a workers’ compensation claim in violation of Section 440.205, Florida Statutes. Verdict reversed. The record demonstrated that the claimant was not physically able to work prior to and after the employer’s alleged retaliation and as such, the employer’s retaliation did not cause the claimant any economic damage. The jury had awarded back pay and front pay on the claim of retaliation. In order for the plaintiff in this case to be entitled to an award of lost wages (back pay or front pay), the employee must be ready, willing and able to accept employment. Thus, when a plaintiff is unable to return to work for an independent reason not caused by the employer’s retaliation, lost past and future benefits may not be awarded.