Sparks v. Aluma Shield Industries

Decision Date23 March 1988
Docket NumberNo. BR-299,BR-299
Citation13 Fla. L. Weekly 744,523 So.2d 680
CourtFlorida District Court of Appeals
Parties13 Fla. L. Weekly 744 Gregory Lee SPARKS, Appellant, v. ALUMA SHIELD INDUSTRIES and Claims Center, Appellees.

Edward H. Hurt, Jr. of Hurt and Parrish, P.A., Orlando, and Bill McCabe of Shepherd, McCabe and Cooley, Orlando, for appellant.

F. Bradley Hassell of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellees.

PER CURIAM.

This cause is before us on appeal of an order denying claimant wage-loss benefits for July and August 1986. Claimant is a 32-year-old mechanical parts assembler, who began working for the employer in 1981 as a shipping clerk. In 1981 and 1983, he was compensably injured. Following the injuries, he was placed on lighter duty as an assembler in the machine shop. He has a ten percent permanent impairment rating.

In July 1986, a large part of the employer's work force was on vacation. Consequently, there was more work than employees. To solve this problem, the employer temporarily assigned many of its employees to different departments. Claimant was asked to temporarily work in the trim shop and, after one day's work, returned to his assembly job without asking permission. When the plant manager found him and asked him to return to the trim shop, he refused. What happened next was disputed, but claimant was ultimately fired for insubordination. The deputy commissioner found that claimant's termination was justified and, consequently, found that any wage loss for July and August 1986 was not causally related to claimant's work-related impairment. The deputy made no findings on the adequacy of claimant's job search.

The record contains ample competent, substantial evidence supporting the deputy's ruling that claimant was justifiably fired. However, claimant correctly contends that the law does not end the inquiry there. Even if a worker is justifiably fired or is otherwise terminated for reasons unrelated to his injury, he may still be eligible for wage-loss benefits if his injury left him with a condition which prevents him from obtaining employment within his abilities at his prior wage. See Williams Roofing, Inc. v. Moore, 447 So.2d 968, 972 (Fla. 1st DCA 1984); Superior Pontiac v. Hearn, 458 So.2d 1197, 1199 (Fla. 1st DCA 1984); Oxford Building Service v. Allen, 498 So.2d 523, 524 (Fla. 1st DCA 1986); City of Miami v. Simpson, 496 So.2d 899, 901 (Fla. 1st DCA 1986); ...

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6 cases
  • Vencor Hosp. v. Ahles
    • United States
    • Florida District Court of Appeals
    • 11 Diciembre 1998
    ...of post-injury employment and is subsequently fired or suspended for reasons unrelated to his injury. See Sparks v. Aluma Shield Industries, 523 So.2d 680 (Fla. 1st DCA 1988) (claimant justifiably fired for insubordination); Western Union Telegraph Company v. Perri, 508 So.2d 765 (Fla. 1st ......
  • Ninia v. Southwest Bottlers
    • United States
    • Florida District Court of Appeals
    • 21 Julio 1989
    ...him with a condition which prevents him from obtaining employment within his abilities at his prior wages." Sparks v. Aluma Shield Industries, 523 So.2d 680 (Fla. 1st DCA 1988); Lamazares v. Rinker Southeastern Materials Corp., 519 So.2d 34 (Fla. 1st DCA 1987); Whalen v. U.S. Elevator, 486 ......
  • Betancourt v. Sears Roebuck & Co.
    • United States
    • Florida District Court of Appeals
    • 8 Mayo 1997
    ...the claimant in a condition which precludes employment within his or her abilities at his or her prior wage. Sparks v. Aluma Shield Indus., 523 So.2d 680 (Fla. 1st DCA 1988). The issue of whether the claimant has shown a causal relationship between his or her compensable injury and the wage......
  • Garrick v. William Thies & Sons
    • United States
    • Florida District Court of Appeals
    • 13 Julio 1989
    ...of post-injury employment and is subsequently fired or suspended for reasons unrelated to his injury. See Sparks v. Aluma Shield Industries, 523 So.2d 680 (Fla. 1st DCA 1988) (claimant justifiably fired for insubordination); Western Union Telegraph Company v. Perri, 508 So.2d 765 (Fla. 1st ......
  • Request a trial to view additional results

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