Publix Supermarkets, Inc. v. Redding, 96-2663
| Citation | 689 So.2d 1253 |
| Decision Date | 19 March 1997 |
| Docket Number | No. 96-2663,96-2663 |
| Parties | 22 Fla. L. Weekly D757 PUBLIX SUPERMARKETS, INC. and ITT Specialty Risk Services, Appellants, v. Roger REDDING, Appellee. |
| Court | Court of Appeal of Florida (US) |
Mary Ann Stiles, Robert J. Grace, Jr. and Joseph B. Heimovics of Stiles, Taylor & Metzler, P.A., Orlando, for Appellants.
Robert W. Schoenfelder of Robert W. Schoenfelder, P.A., St. Petersburg, for Appellee.
The employer/carrier appeal a workers' compensation order which awarded the claimant permanent total disability benefits. We reverse.
The 30-year-old claimant suffered a compensable back injury in November of 1992. Medical evidence indicated claimant had a ten percent permanent impairment, with a restriction of no lifting over fifty pounds. Claimant's physician indicated that claimant could work five days per week, eight hours per day, and that he could stand or sit for eight hours at a time. Vocational evidence indicated that claimant's reading skills were above average and his math skills were a little below average. There was testimony that there were jobs appropriate for the claimant given his work history, physical restrictions, and transferable skills. There was also testimony that the claimant could benefit from retraining and remedial courses.
The judge of compensation claims (JCC) determined that the vocational and medical evidence did not establish that claimant was unemployable but because claimant had established that he suffered a permanent impairment, the analysis must shift to the job search. "The law is clear that in passing on the sufficiency of a work search, the JCC must decide whether claimant's efforts were reasonable and performed in good faith in light of all the relevant circumstances: physical impairment, age, industrial history, training, education, motivation, work experience, work record, and diligence." Borges v. Osceola Farms Co., 651 So.2d 173, 174 (Fla. 1st DCA 1995).
The JCC found that claimant does not appear to have too severe an actual physical impairment, that he is only 30 years old, had a ten year steady work history with the employer, graduated from high school, and had an average motivation to return to work. The JCC noted that claimant's oral presentation during testimony was extremely articulate. There was vocational testimony that the claimant's job search was inadequate. Although the claimant had over 500 job contacts, the JCC noted that claimant had gotten the only job he ever applied for (being hired by...
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Martinez v. Lake Park Auto Brokers Inc.
...however, be conducted in good faith, and JCCs retain discretion to find a job search inadequate. See Publix Supermarkets, Inc. v. Redding, 689 So.2d 1253, 1254 (Fla. 1st DCA 1997) (“[I]n passing on the sufficiency of a work search, the JCC must decide whether claimant's efforts were reasona......