From Casetext: Smarter Legal Research

Paradyne Corp. v. Selmer

District Court of Appeal of Florida, First District
Jun 17, 1988
527 So. 2d 285 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1705.

June 17, 1988.

Appeal from the Deputy Commissioner J. Paul Jones.

Robert A. Donahue and Stephanie S. Collison, of Rissman, Weisberg, Barrett Hurt, P.A., Vero Beach, for appellants.

David M. Hammond, of David M. Hammond, P.A., Orlando, for appellee.


We affirm the order of the deputy commissioner awarding claimant temporary total disability and wage-loss benefits, costs and interest. See Rodriguez v. Dade County School Board, 511 So.2d 712 (Fla. 1st DCA 1987); Rhaney v. Dobbs House, Inc., 415 So.2d 1277 (Fla. 1st DCA 1982); Alchar Wholesale Hardware Company v. Mason, 452 So.2d 127 (Fla. 1st DCA 1984). However, in regard to the wage-loss benefits, we agree with the employer/carrier that claimant voluntarily limited her income by failing to accept the job offered by the employer. Bare complaints of pain and inability to work are insufficient to override medical evidence that the claimant is capable of working and does not satisfy the claimant's evidentiary burden of proving that her inability to find work is due to physical disability related to the industrial injury. C. B. Interiors v. Crispino, 446 So.2d 242 (Fla. 1st DCA 1984). Accordingly, the cause is remanded for the deputy to apply the deemed earnings provision under section 440.15(3)(b)2, Florida Statutes (1985).

MILLS and SHIVERS, JJ., concur.


Summaries of

Paradyne Corp. v. Selmer

District Court of Appeal of Florida, First District
Jun 17, 1988
527 So. 2d 285 (Fla. Dist. Ct. App. 1988)
Case details for

Paradyne Corp. v. Selmer

Case Details

Full title:PARADYNE CORPORATION AND CRUM FORSTER, APPELLANTS, v. CATHERINE SELMER…

Court:District Court of Appeal of Florida, First District

Date published: Jun 17, 1988

Citations

527 So. 2d 285 (Fla. Dist. Ct. App. 1988)

Citing Cases

Retreat Rest Home v. Porter

The uncontroverted evidence adduced established that although claimant was excused from conducting a job…

Adv. Masonry v. Molina

Claimant's testimony that he was in too much pain to attend employment interviews or to search for employment…