GCC Beverages v. Simmons, No. 90-817
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | WENTWORTH |
| Citation | 571 So.2d 59 |
| Parties | 15 Fla. L. Weekly D2952 GCC BEVERAGES and Liberty Mutual Insurance Company, Appellants, v. John F. SIMMONS and Dania F. Carillo, Director, State of Florida, Department of Labor and Employment Security, Div. of Workers' Compensation, Appellees. |
| Decision Date | 05 December 1990 |
| Docket Number | No. 90-817 |
Page 59
v.
John F. SIMMONS and Dania F. Carillo, Director, State of Florida, Department of Labor and Employment Security, Div. of Workers' Compensation, Appellees.
First District.
Rehearing Denied Jan. 9, 1991.
Page 60
Mark A. Massey of Daniel L. Hightower, P.A., Ocala, for appellants.
Rodney W. Smith, Alachua, for appellee Simmons.
Dania F. Carillo, Tallahassee, for appellee Div. of Workers' Compensation.
WENTWORTH, Judge.
Employer/carrier appeal a workers' compensation order by which claimant was awarded wage loss benefits. While claimant's monthly work searches varied in intensity, and were marginal at times, the evidence as a whole is sufficient to meet the burden imposed by section 440.15(3)(b)2, Florida Statutes (1987), as delineated in City of Clermont v. Rumph, 450 So.2d 573 (Fla. 1st DCA 1984), pet. for rev. denied 458 So.2d 271 (Fla.1984), for wage loss benefits. Although claimant's work search encompassed only approximately half a dozen telephone contacts during the months immediately preceding the hearing, claimant noted that he was advised by employer/carrier that "they were not liable" for further compensation and that he "had no benefits." Claimant also explained that financial difficulties resulted in his vehicle being repossessed so that he had no transportation for an extensive work search during the months immediately preceding the hearing. However, during earlier months when transportation was available claimant made over 40 potential employment contacts, as well as repeated visits to rehabilitation/employment services. The 49-year-old claimant has a limited employment history consisting mainly of work as a truck driver and mechanic, and found that after the industrial injury he was unable to satisfactorily perform the physical duties of his former employment. Claimant applied for a variety of different jobs during his work search, and considering the totality of the circumstances there is sufficient evidence to support the judge's finding that claimant met his burden of demonstrating a causal connection between the industrial injury and the claimed wage loss.
Contrary to employer/carrier's contention, neither Rumph nor W.R. Grace & Co. v. Shaw, 497 So.2d 941 (Fla. 1st DCA 1986), establishes any absolute number of minimum or average monthly contacts as a...
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Borges v. Osceola Farms Co., No. 93-2029
...is just one factor in determination of benefits; other factors include age, education, work history, etc.); GCC Beverage v. Simmons, 571 So.2d 59, 60 (Fla. 1st DCA 1990) (adequacy of work search is a factual matter which is dependent on the totality of the circumstances); Flesche v. Interst......
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Florida Community Health Center v. Ross, No. 91-145
...we find that the 1990 amendment to section 440.15(1)(b) requiring a 100 mile work search is not applicable. See GCC Beverages v. Simmons, 571 So.2d 59 (Fla. 1st DCA 1990) (1990 amendment to section 440.15(3)(b)2. prescribing a minimum of five job contacts in each biweekly period Page 1039 w......
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Litvin v. St. Lucie County Sheriff's Dept., No. 91-1598
...periods of wage loss in the present case), and that the decision would operate only prospectively. 2 In GCC Beverages v. Simmons, 571 So.2d 59 (Fla. 1st DCA 1990), this court suggested that the job search amendment to section 440.15(3)(b)2 is a substantive change which should not be applied......
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Martinez v. Lake Park Auto Brokers Inc., No. 1D10–4395.
...the circumstances, including quality and context as well as number of job contacts, in each case.’ ”) (quoting GCC Beverages v. Simmons, 571 So.2d 59, 60 (Fla. 1st DCA 1990)). Cf. Holiday Care Ctr. v. Scriven, 418 So.2d 322, 326 (Fla. 1st DCA 1982) (“[O]ne who does not look for work she is ......
-
Borges v. Osceola Farms Co., No. 93-2029
...is just one factor in determination of benefits; other factors include age, education, work history, etc.); GCC Beverage v. Simmons, 571 So.2d 59, 60 (Fla. 1st DCA 1990) (adequacy of work search is a factual matter which is dependent on the totality of the circumstances); Flesche v. Interst......
-
Florida Community Health Center v. Ross, No. 91-145
...we find that the 1990 amendment to section 440.15(1)(b) requiring a 100 mile work search is not applicable. See GCC Beverages v. Simmons, 571 So.2d 59 (Fla. 1st DCA 1990) (1990 amendment to section 440.15(3)(b)2. prescribing a minimum of five job contacts in each biweekly period Page 1039 w......
-
Litvin v. St. Lucie County Sheriff's Dept., No. 91-1598
...periods of wage loss in the present case), and that the decision would operate only prospectively. 2 In GCC Beverages v. Simmons, 571 So.2d 59 (Fla. 1st DCA 1990), this court suggested that the job search amendment to section 440.15(3)(b)2 is a substantive change which should not be applied......
-
Martinez v. Lake Park Auto Brokers Inc., No. 1D10–4395.
...the circumstances, including quality and context as well as number of job contacts, in each case.’ ”) (quoting GCC Beverages v. Simmons, 571 So.2d 59, 60 (Fla. 1st DCA 1990)). Cf. Holiday Care Ctr. v. Scriven, 418 So.2d 322, 326 (Fla. 1st DCA 1982) (“[O]ne who does not look for work she is ......