Citrus Central v. Parker, AK-169
| Decision Date | 21 December 1982 |
| Docket Number | No. AK-169,AK-169 |
| Citation | 423 So.2d 610 |
| Parties | CITRUS CENTRAL and Professional Administrators, Inc., Appellants, v. Buman PARKER, Appellee. |
| Court | Florida District Court of Appeals |
Richard H. Weisberg of Cooper & Rissman, Orlando, for appellants.
Bill McCabe of Sheperd, McCabe & Cooley, Orlando, for appellee.
In this workers' compensation case the employer/carrier appeals the final order of the deputy commissioner which found appellee, Parker, entitled to wage-loss benefits. We agree with appellant and reverse.
Appellee Parker, claimant below, was employed as a truck driver for Citrus Central. On April 9, 1980 Parker fell and injured his right hip and back. Parker suffered a herniated disc and came under the care of Dr. Kim, an orthopedic surgeon, who performed a lumbar laminectomy on May 27, 1980. In October 1980, Dr. Kim discharged Parker to return to work with a five percent permanent physical impairment. Physical limitations imposed by Dr. Kim included no lifting in excess of thirty pounds and limited driving of no more than two hours at any one time. Parker returned to work for Citrus Central at that time and worked continuously thereafter until April 5, 1981. Parker testified that he found the work very difficult upon his return to Citrus Central and that the bouncing he experienced while driving a truck was very uncomfortable.
At the time of Parker's injury he was earning $6.94 per hour. Upon his return to Citrus Central he performed various jobs at various rates of pay ranging from $7.09 per hour to $7.61 per hour. In April of 1981 Parker was laid off. The evidence is uncontroverted that this layoff was due to the economic condition of Citrus Central and had nothing whatsoever to do with Parker's injury or physical limitations.
On April 24, 1981 Parker began working for Aircraft Services International, Inc., in a job consisting of handling petroleum products and jet fuel. This job consisted of making sure that fuel was moved three miles from one tank to another, which meant that Parker's driving was limited to approximately three miles per trip. Parker testified that this job was less physically demanding than his previous job with Citrus Central. Parker's job with Aircraft Services paid $5.20 per hour with fringe benefits which amounted to $11.56 per week. In June 1981, Citrus Central attempted to recall Parker. Citrus Central, however, could not guarantee Parker how long he would remain back at work. Parker decided not to return to Citrus Central and to remain with Aircraft Services instead.
Parker testified that there were two reasons for not returning to Citrus Central. First, the job with Aircraft Services provided him with a permanent, year-round position, whereas the Citrus Central position was subject to relatively frequent layoffs. Parker felt that even though he was earning less money per hour, he would be better off in the long run because of the year-round nature of the Aircraft Services job. Second, the Citrus Central job was uncomfortable and difficult to perform. Parker testified that he is continuing to have...
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...Co. v. Perri, 508 So.2d 765 (Fla. 1st DCA 1987); Johnston v. Super Food Servs., 461 So.2d 169 (Fla. 1st DCA 1984); Citrus Central v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982); but see Ringling Bros. Barnum and Bailey Circus v. O'Blocki, 496 So.2d 947 (Fla. 1st DCA The judge of compensation ......
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...entitlement to compensation benefits from August 2, 1982 through August 23, 1983, the date of this hearing. See Citrus Central v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982) and Certified Grocers v. Opel, 430 So.2d 953 (Fla. 1st DCA 1983). Although the claimant was earning $325.00 a week at t......
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...than on pipe fitting until he was layed [sic] off due to economic reasons." (emphasis added). The E/C, relying on Citrus Central v. Parker, 423 So.2d 610 (Fla. 1st DCA 1982) and Regency Inn v. Johnson, 422 So.2d 870 (Fla. 1st DCA 1982), pet. for rev. den., 431 So.2d 989 (Fla.1983) contend t......
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