Alachua County Bd. of County Com'rs v. Griffis

• Decision Date: 02 December 1986
• Docket Number: No. BJ-487,BJ-487
• Citation: 11 Fla. L. Weekly 2503,498 So.2d 977
• Court: Florida District Court of Appeals
• Parties: 11 Fla. L. Weekly 2503 ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS and United States Fidelity & Guaranty Company, Appellants, v. William Glenn GRIFFIS, Appellee.

Page 977

498 So.2d 977

11 Fla. L. Weekly 2503

ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS and United States Fidelity & Guaranty Company, Appellants, v. William Glenn GRIFFIS, Appellee.

No. BJ-487.

District Court of Appeal of Florida,

First District.

Dec. 2, 1986.

Jack A. Langdon of Jack A. Langdon, P.A., Gainesville, for appellants.

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Roth & Romano, West Palm Beach, for appellee.

MILLS, Judge.

The Alachua County Board of County Commissioners and U.S. F. & G. Company (E/C) appeal from an order of the deputy commissioner awarding Griffis permanent total disability benefits. We affirm.

Griffis suffered an injury to his lower back in September 1982, and reached maximum medical improvement with 10% permanent impairment in April 1984. He was medically restricted to lifting a maximum of 20-25 pounds, to occasional bending and stooping, to four hours of sitting with breaks, and a maximum of two hours of standing and/or walking. There was no medical testimony that he could not perform even light work uninterruptedly as a result of the permanent disability.

The E/C paid temporary total benefits until MMI and wage-loss benefits thereafter until the hearing on the instant claim for permanent total benefits. The record reflects that Griffis commenced an exhaustive job search immediately upon reaching MMI, contacting an average of twenty employers per month. Along with his personal contacts of potential employers, Griffis consulted Job Service of Florida (formerly Florida State Employment Service), working with Cooney, a job placement specialist. Based on her experience, her knowledge through the Service of available jobs and Griffis' physical limitations, Cooney opined that he had no ability to compete in the open labor market, even in light employment.

In March 1985, Griffis' treating physician, Dr. Bullock, approved Griffis' employment as a hot asphalt machine operator, a position located by the E/C. Griffis never attempted this job, however, because the same employer developed a more pressing need for a night watchman. The E/C offered to assist in the payment of Griffis' wages as an incentive to the employer to offer him the job, and Griffis commenced working on 16 March 1985. No analysis of the job was prepared or medically approved prior to that date, but Dr. Bullock later approved the duties, described by the E/C as standing for 1 1/2 hours and sitting for 10 hours, with a half-hour walking and the climbing of five feet of iron stairs 3 to 4 times per shift. On 12 April, Griffis complained to Bullock that the job was...