Cases

On Motion for Clarification, original opinion at 41 FLW D557. Previous opinion withdrawn which was dated March 2, 2016. 

Cause of action filed by injured worker against employer because of an allegation that the employer had unlawfully retaliated against the claimant for filing a workers' compensation claim in violation of Section 440.205, Florida Statutes.  Court determined that it was error to award the claimant back pay and front pay where the injured worker was physically unable to work prior to and after the employer's alleged retaliation.  Claimant's expert testified calculating back pay and front pay based on the claimant's being able to physically work and if the claimant was physically not able to work, then the claimant's damages would be zero. The purpose of the award in lost wages to a wrongfully discharged employee is to make an employee whole by restoring him to the economic position that he would have occupied but for the wrongful discharge.  To be entitled to an award of lost wages, 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, lost past and future wages and benefits may not be awarded.