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United States Sugar Corp. v. Whitton

District Court of Appeal of Florida, First District
Nov 23, 1983
440 So. 2d 427 (Fla. Dist. Ct. App. 1983)

Opinion

No. AR-190.

October 19, 1983. Rehearing Denied November 23, 1983.

Appeal from the Deputy Commissioner.

Michael A. Edwards, West Palm Beach, for appellants.

Thomas A. Hoadley, of Law Offices of Hoadley Gavigan, P.A., West Palm Beach, for appellee.


This workers' compensation appeal challenges the deputy commissioner's order awarding claimant permanent partial disability benefits based on the deputy's finding that the industrial injury resulted in claimant's sustaining a 10 percent disability of the body as a whole based on a loss of wage earning capacity. We affirm.

The evidence was sufficient from which the deputy could find causal relationship and conclude that claimant suffered some permanent impairment, on which a finding of loss of wage earning capacity is initially contingent, despite there being no impairment rating based on the American Medical Association Guides. Tampa Bay Moving Systems, Inc. v. Frederick, 433 So.2d 628 (Fla. 1st DCA 1983); Deinema v. Pierpoint Condominiums, 415 So.2d 811 (Fla. 1st DCA 1982); Racz v. Chennault, Inc., 418 So.2d 413 (Fla. 1st DCA 1982). The record reveals ample competent and substantial evidence on which to base the deputy's finding of an adequate work search.

AFFIRMED.

ROBERT P. SMITH, Jr., and BOOTH, JJ., concur.


Summaries of

United States Sugar Corp. v. Whitton

District Court of Appeal of Florida, First District
Nov 23, 1983
440 So. 2d 427 (Fla. Dist. Ct. App. 1983)
Case details for

United States Sugar Corp. v. Whitton

Case Details

Full title:UNITED STATES SUGAR CORPORATION AND GALLAGHER BASSETT INSURANCE SERVICE…

Court:District Court of Appeal of Florida, First District

Date published: Nov 23, 1983

Citations

440 So. 2d 427 (Fla. Dist. Ct. App. 1983)