Olavarria v. Okeelanta Corp.
Citation | 741 So.2d 1249 |
Decision Date | 06 October 1999 |
Docket Number | No. 98-798.,98-798. |
Parties | Heriberto OLAVARRIA, Appellant, v. OKEELANTA CORPORATION and Alexsis, Inc., n/k/a RSKCo, Appellees. |
Court | Court of Appeal of Florida (US) |
David Ginzberg, Boynton Beach, and Randy E. Ellison, West Palm Beach, for Appellant.
Walter E. Beisler of Beisler & Beisler, West Palm Beach, for Appellees.
Heriberto Olavarria, who was injured while working for Okeelanta Corporation (Okeelanta) on January 6, 1993, appeals a final order denying his claims for permanent total disability and wage loss benefits. We affirm the final order insofar as it denies the claim for permanent total disability benefits. We reverse the final order, however, insofar as it denies wage loss benefits for the periods from September 26, 1996, through October 9, 1996; from November 21, 1996, through December 4, 1996; and from January 3, 1997, through January 30, 1997.
668 So.2d at 264-65; Shaw v. Publix Supermarkets, Inc., 609 So.2d 683, 685-86 (Fla. 1st DCA 1992).
Okeelanta and Alexis conceded that, for the periods of September 26, 1996, through October 9, 1996; November 21, 1996, through December 4, 1996; and January 3, 1997, through January 30, 1997, Mr. Olavarria submitted timely requests for wage loss benefits. See § 440.15(3)(b)2, Fla. Stat. (1993) ( ); Turner v. Rinker Materials, 622 So.2d 80, 85 (Fla. 1st DCA 1993). His industrial accident caused serious injuries that led to restrictions on the kind of work he could perform.
Although the judge of compensation claims found that Okeelanta had offered Mr. Olavarria employment within his medical restrictions for the aforementioned periods, see § 440.15(3)(b)5 b, Fla. Stat. (1993), the record does not support this...
To continue reading
Request your trial-
Advanced Masonry Systems v. Molina
...evidence that he is capable of working. See Paradyne Corp. v. Selmer, 527 So.2d 285, 286 (Fla. 1st DCA 1988); Olavarria v. Okeelanta Corp., 741 So.2d 1249, 1250 (Fla. 1st DCA 1999) (explaining that "[a] claimant's unexplained refusal of a specific offer of suitable employment available in t......
-
European Marble Co. v. Robinson
...Thus, "[e]ven though we might have reached a different result if the facts had been for us to find," Olavarria v. Okeelanta Corp., 741 So.2d 1249, 1250 (Fla. 1st DCA 1999); see also Fla. Mining & Materials v. Mobley, 649 So.2d 934, 934 (Fla. 1st DCA 1995) ("[A] ruling which is supported by ......
-
Singletary v. Yoder's and Ameritrust Ins. Corp.
...we must affirm the denial of benefits because "competent evidence of record furnishes substantial support," Olavarria v. Okeelanta Corp., 741 So.2d 1249, 1250 (Fla. 1st DCA 1999), for the JCC's finding that "[c]laimant knowingly made false or misleading oral and written statements for the p......
- Slater v. Walgreens Co., 98-02814.