Waterman v. Interstate Truckers, Inc., No. 88-1792
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | JOANOS |
| Citation | 14 Fla. L. Weekly 1413,545 So.2d 408 |
| Decision Date | 13 June 1989 |
| Docket Number | No. 88-1792 |
| Parties | 14 Fla. L. Weekly 1413 Larry WATERMAN, Appellant, v. INTERSTATE TRUCKERS, INC., and Liberty Mutual Insurance Co., Appellees. |
Page 408
v.
INTERSTATE TRUCKERS, INC., and Liberty Mutual Insurance Co., Appellees.
First District.
Alex Lancaster, P.A., Sarasota, for appellant.
Claire L. Hamner, of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellees.
JOANOS, Judge.
Claimant appeals a workers' compensation order denying his claim for wage loss benefits. The sole issue presented for our consideration is whether the deputy commissioner erred in finding that the claimant voluntarily limited his income. We reverse.
On January 7, 1987, claimant injured his back in the course of his employment as a long haul truck driver. Claimant's education includes graduation from high school, and some course work at the junior college level. His work experience involves jobs as a cab driver and as a police officer for the City of Bradenton, in addition to his former job as a truck driver for Interstate Truckers, Inc., the employer herein.
The record reflects that claimant was released to light duty work, with lifting restrictions of fifty to seventy-five pounds. Dr. Kurzner, claimant's treating orthopedic surgeon, testified that it will be very difficult for claimant's back to heal fully, and any major lifting would aggravate his condition. The doctor further testified that claimant should not return to truck driving, or to any other comparable occupation which involves heavy lifting. According to Dr. Kurzner, claimant does not have a permanent impairment under the AMA Guides, which base impairment solely on range of motion. Dr. Kurzner testified, however, that claimant has an impairment rating of three to ten percent, under the provisions of the orthopedic guidelines.
Prior to his work release, claimant received a termination letter from the employer, Interstate Truckers. According to claimant's testimony, when Dr. Kurzner released him to temporary light duty, he applied for a few jobs, but found no one wanted to discuss employment with him during the pendency of his workers' compensation claim. He then obtained a job as a cab driver, and has not looked for other jobs since beginning employment with the cab company. Claimant testified that he had not gone to the Florida State Employment
Page 409
Office, because of his understanding that he was to remain on light duty until released by his doctor.In the order denying...
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Nickolls v. University of Florida, No. 90-72
...injury. Sec. 440.15(3)(b)2, Fla.Stat.; Edwards v. Caulfield, 560 So.2d 364 (Fla. 1st DCA 1990); Watterman v. Interstate Truckers, Inc., 545 So.2d 408 (Fla. 1st DCA 1989). This burden may be met by proof which encompasses medical evidence or evidence of a good-faith work search. Meek v. Layn......
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Clairson Intern. v. White, No. 90-2823
...to the compensable injury. Edwards v. Caulfield, 560 So.2d 364, 374 (Fla. 1st DCA 1990); see also Waterman v. Interstate Truckers, Inc., 545 So.2d 408 (Fla. 1st DCA 1989) (reasoning regarding wage loss equally applicable to TPD). A claimant may satisfy this initial burden by presenting evid......
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TRANSMED, INC. v. Botts, No. 1D03-1463.
...and the economic loss by, among other things, finding and obtaining a full-time job. Waterman v. Interstate 867 So.2d 579 Truckers, Inc., 545 So.2d 408, 409 (Fla. 1st DCA 1989). Once the initial burden of demonstrating entitlement to benefits resulting from a change in employment status due......
-
Nickolls v. University of Florida, No. 90-72
...injury. Sec. 440.15(3)(b)2, Fla.Stat.; Edwards v. Caulfield, 560 So.2d 364 (Fla. 1st DCA 1990); Watterman v. Interstate Truckers, Inc., 545 So.2d 408 (Fla. 1st DCA 1989). This burden may be met by proof which encompasses medical evidence or evidence of a good-faith work search. Meek v. Layn......
-
Clairson Intern. v. White, No. 90-2823
...to the compensable injury. Edwards v. Caulfield, 560 So.2d 364, 374 (Fla. 1st DCA 1990); see also Waterman v. Interstate Truckers, Inc., 545 So.2d 408 (Fla. 1st DCA 1989) (reasoning regarding wage loss equally applicable to TPD). A claimant may satisfy this initial burden by presenting evid......
-
TRANSMED, INC. v. Botts, No. 1D03-1463.
...and the economic loss by, among other things, finding and obtaining a full-time job. Waterman v. Interstate 867 So.2d 579 Truckers, Inc., 545 So.2d 408, 409 (Fla. 1st DCA 1989). Once the initial burden of demonstrating entitlement to benefits resulting from a change in employment status due......