Carpenters R.V. Service v. Eckert, No. AX-40

CourtCourt of Appeal of Florida (US)
Writing for the CourtNIMMONS; ERVIN, C.J., and JOANOS
Citation455 So.2d 590
Docket NumberNo. AX-40
Decision Date05 September 1984
PartiesCARPENTERS R.V. SERVICE and South Carolina Insurance Company, Appellants, v. Albert E. ECKERT, Appellee.

Page 590

455 So.2d 590
CARPENTERS R.V. SERVICE and South Carolina Insurance Company, Appellants,
v.
Albert E. ECKERT, Appellee.
No. AX-40.
District Court of Appeal of Florida,
First District.
Sept. 5, 1984.
Rehearing Denied Oct. 2, 1984.

Page 591

James N. McConnaughhay & Gordon D. Cherr of Karl, McConnaughhay, Roland & Maida, Tallahassee, for appellants.

James F. McKenzie, Pensacola, for appellee.

NIMMONS, Judge.

The employer and carrier (E/C) appeal from an order awarding wage-loss benefits for the period of May, 1983, through September, 1983. His earnings are derived from his commissions on real estate sales. We affirm.

On August 4, 1979, the claimant, now 51 years old, injured his left shoulder while working as a recreational vehicle maintenance mechanic for the employer, Carpenters R.V. Service. The injury involved a capsular tear over the front part of his left shoulder and resulted in a permanent impairment. The claimant, who is left-handed, was unable to continue in that kind of work or in other work in which he had previously been engaged including plumbing, heating and construction. As the deputy commissioner found in his previous unappealed order entered in 1980 awarding wage loss benefits, claimant's treating physician recommended a change in claimant's vocation because of the problems encountered in using his left arm. Accordingly, the claimant enrolled in a real estate course and passed his real estate license examination. Thereafter, he became employed with a real estate firm and commenced selling real estate on a commission basis.

At the 1980 wage-loss hearing, the E/C contended that the claimant did not make an adequate work search for jobs which he could do without resorting to vocational training to become a real estate salesman. The E/C brought out at the hearing that the claimant had not accepted the employer's offer to try selling recreational vehicles on a straight commission basis. In the 1980 order, the deputy rejected the E/C's contentions, found that the vocational training undertaken by the claimant was appropriate and ordered the E/C to reimburse the claimant the expenses incurred in connection with such training and to pay the claimant wage loss for the period of training and for a period of time after the claimant commenced selling real estate. As previously noted, that order was not appealed.

Thereafter, the E/C voluntarily paid wage-loss benefits for those months in which the claimant's earnings from his sales justified such benefits. As the claimant has gained further knowledge and experience in the real estate business, his earnings have steadily increased although they, of course, have varied from month to month. For example, in January 1983, he earned $1,200 in commissions, and the E/C did not have to pay the claimant any benefits. 1 In February, he earned $600 and the E/C had to pay wage loss. In March, the claimant's earnings were $2,745 and so no benefits were paid. In April, the claimant earned no commissions and so full wage-loss benefits were paid.

In June 1983, the E/C apparently decided that they...

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7 practice notes
  • Cuccarollo v. Gulf Coast Bldg. Contractors, No. BK-88
    • United States
    • Court of Appeal of Florida (US)
    • October 14, 1986
    ...So.2d 354 (Fla. 1st DCA 1984); National Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985), and Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984) all involved an order of the deputy finding that the claimant's compensable physical limitation was a contributing causa......
  • Witzky v. West Coast Duplicating & Claims Center, No. BM-290
    • United States
    • Court of Appeal of Florida (US)
    • March 10, 1987
    ...Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985), and 443 So.2d 354 (Fla. 1st DCA 1984), and Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984). Consider, likewise, the difficulty in resolving, under present statutory provisions, the reasonable and fair measurement......
  • U.S. Foundry & Mfg. Co. v. Serpa, No. 89-924
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 1990
    ...entitles him to PTD benefits. See Koger; Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986); Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984). It does not necessarily follow that a claimant's success on a causation issue entitles him to a particular disability stat......
  • Holiday Inn v. Sallee, No. BI-332
    • United States
    • Court of Appeal of Florida (US)
    • October 28, 1986
    ...is unable to continue in the work in which he has training and experience because of his injury. Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984); National Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985). See also Superior Pontiac v. Hearn, 458 So.2d 1197 (Fla. ......
  • Request a trial to view additional results
7 cases
  • Cuccarollo v. Gulf Coast Bldg. Contractors, No. BK-88
    • United States
    • Court of Appeal of Florida (US)
    • October 14, 1986
    ...So.2d 354 (Fla. 1st DCA 1984); National Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985), and Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984) all involved an order of the deputy finding that the claimant's compensable physical limitation was a contributing causa......
  • Witzky v. West Coast Duplicating & Claims Center, No. BM-290
    • United States
    • Court of Appeal of Florida (US)
    • March 10, 1987
    ...Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985), and 443 So.2d 354 (Fla. 1st DCA 1984), and Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984). Consider, likewise, the difficulty in resolving, under present statutory provisions, the reasonable and fair measurement......
  • U.S. Foundry & Mfg. Co. v. Serpa, No. 89-924
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 1990
    ...entitles him to PTD benefits. See Koger; Holiday Inn v. Sallee, 496 So.2d 227 (Fla. 1st DCA 1986); Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984). It does not necessarily follow that a claimant's success on a causation issue entitles him to a particular disability stat......
  • Holiday Inn v. Sallee, No. BI-332
    • United States
    • Court of Appeal of Florida (US)
    • October 28, 1986
    ...is unable to continue in the work in which he has training and experience because of his injury. Carpenters R.V. Service v. Eckert, 455 So.2d 590 (Fla. 1st DCA 1984); National Distillers v. Guthrie, 473 So.2d 806 (Fla. 1st DCA 1985). See also Superior Pontiac v. Hearn, 458 So.2d 1197 (Fla. ......
  • Request a trial to view additional results

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