Conshor, Inc. v. Barnhart, ZZ-242

CourtCourt of Appeal of Florida (US)
Citation422 So.2d 946
Docket NumberNo. ZZ-242,ZZ-242
PartiesCONSHOR, INC. and Liberty Mutual Insurance Company, Appellants, v. Donald BARNHART, Appellee.
Decision Date09 November 1982

Albert M. Frierson, Henderson, Franklin, Starnes & Holt, Fort Myers, for appellants.

Richard I. Cervelli, Naples, for appellee.


The claimant in this worker's compensation proceeding was awarded 100% wage loss benefits based upon the deputy commissioner's finding of one percent (1%) permanent partial disability of the body as a whole. We reverse the award of wage loss benefits because the evidence presented by the claimant fails to meet the minimum standards required for an adequate work search.

The 28 year old claimant has a high school education and one semester of college. When questioned regarding his work search he was unable to identify the specific businesses or enterprises at which he had submitted an application for employment. 1 Although he indicated that he had personally sought work at a McDonald's to do clean-up work, he admitted that he told the prospective employer that he couldn't do that work. He applied for a job with a pool company cleaning pools, and also filled out an application with an auto wrecking company. However, he declared at the hearing that he knew he could not do either of these jobs. He told the pool company that his back hurt, and that he was in pain. There is no indication that he represented himself to either employer as a likely prospect for employment. In fact, all indications from his testimony are that he made his complaints of pain quite obvious, yet he had "no idea" why no job was offered.

The claimant's testimony further reveals that although he made some telephone inquiries, without success, he failed to even register with the Florida Employment Service, and made no effort to seek vocational rehabilitation or counselling.

To the extent that the deputy commissioner's approval of the work search evidence in this case might have been influenced by the assumption that less effort to find work is imposed on a claimant seeking wage loss benefits under the new act, we hasten to reject this notion. A recent decision of this court has altered the consequences of an inadequate work search or insufficient evidence of the search. 2 Another recent decision has dealt with the effect, on entitlement to wage loss benefits, of conditions beyond the control of the claimant. 3 However, the requirement of an adequate and good faith work search has not been relaxed, nor has the necessity for production of competent substantial evidence to prove compliance with that requirement. See, e.g., Pan Am Tobacco Corporation v. Brown, 416 So.2d 1211 (Fla. 1st DCA 1982). It is evident--as the deputy commissioner here recognized in his order 4--that the new act has significantly enhanced the E/C's burdens with respect to rehabilitation and reemployment of the injured worker. See, Holiday Care Center v. Scriven, 418 So.2d 322 (Fla. 1st DCA 1982); Hurricane Fence Industries v. Bozeman, 413 So.2d 822 (Fla. 1st DCA 1982); Viking Sprinkler Co. v. Thomas, 413 So.2d 816 (Fla. 1st DCA 1982)....

To continue reading

Request your trial
9 cases
  • Chain Store Warehouses v. Picard
    • United States
    • Court of Appeal of Florida (US)
    • 6 Mayo 1983
    ...for such testimony later stated in Regency Inn v. Johnson, 422 So.2d 870, 877 (Fla. 1st DCA 1982), and Conshor, Inc. v. Barnhart, 422 So.2d 946, 947 n. 1 (Fla. 1st DCA 1982), 1 Picard's testimony would be judged insufficient. Yet Aetna's lawyer did not cross-examine Picard concerning the ex......
  • Bammac, Inc. v. Grady
    • United States
    • Court of Appeal of Florida (US)
    • 22 Diciembre 1986 "acceptance" by the claimant, or failing either or both, an order by the deputy commissioner. Viking Sprinkler; Conshor, Inc. v. Barnhart, 422 So.2d 946 (Fla. 1st DCA 1982); C & H Construction v. Leyman, 453 So.2d 1163 (Fla. 1st DCA 1984); Norris v. Ed Taylor Corporation, 484 So.2d 64 (F......
  • Tropicana Products, Inc. v. Andrews
    • United States
    • Court of Appeal of Florida (US)
    • 20 Diciembre 1984
    ...of Regency Inn v. Johnson, 422 So.2d 870 (Fla. 1st DCA 1982), pet. for rev. den., 431 So.2d 989 (Fla.1983) and Conshor, Inc. v. Barnhart, 422 So.2d 946 (Fla. 1st DCA 1982). The appellant now contends that because of the insufficiency of the work search evidence the awards of TTD benefits an......
  • Miller v. Farrens Tree Surgeons, Inc., BF-43
    • United States
    • Court of Appeal of Florida (US)
    • 29 Octubre 1985
    ...before there can be an award of TTD benefits. Wilbro Dairies v. Hesch, 438 So.2d 968, 969 (Fla. 1st DCA 1983); Conshor, Inc., v. Barnhart, 422 So.2d 946 (Fla. 1st DCA 1982). Nevertheless, as regards the denial of TTD benefits from January 2, 1984 to January 16, 1984, our examination of the ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT