Meek v. Layne-Western Co., LAYNE-WESTERN
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | NIMMONS |
| Citation | 566 So.2d 31 |
| Parties | 15 Fla. L. Weekly D2105 Zephaniah MEEK, Appellant, v.CO. and Crawford and Company, Appellees. |
| Decision Date | 16 August 1990 |
| Docket Number | LAYNE-WESTERN,No. 89-1063 |
Page 31
v.
LAYNE-WESTERN CO. and Crawford and Company, Appellees.
First District.
Rehearing Denied Sept. 19, 1990.
Robert A. Wohn, Jr. of Wohn & McKinley, P.A., Cocoa, for appellant.
Bernard J. Zimmerman of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for appellees.
Page 32
NIMMONS, Judge.
The claimant in this workers' compensation appeal challenges the finding of the judge of compensation claims that appellant failed to show a causal connection between appellant's compensable injury and the subsequent wage loss. We find that the judge applied an incorrect standard, and reverse.
In his July 1986 industrial accident which occurred in the course of his employment with appellee Layne-Western Company, appellant fractured the fifth, fourth and third fingers of the right hand. He reached MMI by September 24, 1986 with a 2% permanent impairment of the whole body. He subsequently left his employment with Layne-Western and obtained employment with CBI/Nacon, Incorporated shortly after reaching MMI. On October 14, 1987, appellant suffered a crush injury to the index and middle fingers of his right hand while at work with CBI. 1
Appellant was laid off from his employment with CBI in late November, 1987. On December 7, 1987, Dr. Borrero, a surgeon, examined appellant and reported that he was still convalescing from the October 1987 hand injury. Dr. Gibbons, an orthopedic surgeon who treated appellant for his 1986 injury, reported that when he examined appellant on January 28, 1988, appellant's condition did not appear to have changed appreciably. At the time of the January 1988 examination, Dr. Gibbons was unaware of the October 1987 injury. Appellant conducted a work search from November 1987 through April 1988, and subsequently found full-time employment. He then sought wage-loss benefits, which the e/c controverted, to compensate him for his loss of income resulting from his unemployment during the months of December 1987 through April 1988. 2
After a hearing at which appellant testified, the judge issued a final order which stated in part:
I find that the claimant was laid off in late November, 1987 following his new accident because of his continuing problems. In support of this finding I rely on Dr. Borrero's opinion that the claimant was still convalescing from the fractured finger as late as December...
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Nickolls v. University of Florida, No. 90-72
...This burden may be met by proof which encompasses medical evidence or evidence of a good-faith work search. Meek v. Layne-Western Co., 566 So.2d 31 (Fla. 1st DCA 1990). Once the claimant has satisfied the initial burden, the burden of proof shifts to the E/C to demonstrate a voluntary limit......
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Reynolds v. State, No. 91-1349
...in the trial court either a motion to withdraw the plea or a motion under Fla.R.Crim.P. 3.850 to vacate that sentence. See Murray, 566 So.2d at 31; Gill v. State, 550 So.2d 72, 73 (Fla. 2nd DCA Under the particular facts, the order of probation is invalid in requiring restitution, however, ......
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Clairson Intern. v. White, No. 90-2823
...to benefits generally is a question of fact for the JCC to determine from the totality of the circumstances. Meek v. Layne-Western Co., 566 So.2d 31 (Fla. 1st DCA 1990). The JCC's decision, however, to grant PTD must be based on competent substantial evidence and factual findings which will......
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Thompson v. City of Jacksonville, No. 92-3783
...burden [which] may be met by proof which encompasses medical evidence or evidence of a good-faith work search. Meek v. Layne-Western Co., 566 So.2d 31 (Fla. 1st DCA 1990). Once the claimant has satisfied the initial burden, the burden of proof shifts to the E/C to demonstrate a voluntary li......
-
Nickolls v. University of Florida, No. 90-72
...This burden may be met by proof which encompasses medical evidence or evidence of a good-faith work search. Meek v. Layne-Western Co., 566 So.2d 31 (Fla. 1st DCA 1990). Once the claimant has satisfied the initial burden, the burden of proof shifts to the E/C to demonstrate a voluntary limit......
-
Reynolds v. State, No. 91-1349
...in the trial court either a motion to withdraw the plea or a motion under Fla.R.Crim.P. 3.850 to vacate that sentence. See Murray, 566 So.2d at 31; Gill v. State, 550 So.2d 72, 73 (Fla. 2nd DCA Under the particular facts, the order of probation is invalid in requiring restitution, however, ......
-
Clairson Intern. v. White, No. 90-2823
...to benefits generally is a question of fact for the JCC to determine from the totality of the circumstances. Meek v. Layne-Western Co., 566 So.2d 31 (Fla. 1st DCA 1990). The JCC's decision, however, to grant PTD must be based on competent substantial evidence and factual findings which will......
-
Thompson v. City of Jacksonville, No. 92-3783
...burden [which] may be met by proof which encompasses medical evidence or evidence of a good-faith work search. Meek v. Layne-Western Co., 566 So.2d 31 (Fla. 1st DCA 1990). Once the claimant has satisfied the initial burden, the burden of proof shifts to the E/C to demonstrate a voluntary li......