SIMPSON MOTORS AND LYNN UNDERWRITING COMPANY, APPELLANTS,
v.
JULIUS B. WILSON, APPELLEE
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The court held that there was competent substantial evidence to support the deputy commissioner's findings regarding the adequacy of the work search and the claimant's disability status.
The employer/carrier appealed a workers' compensation order, challenging the finding of an adequate work search. The claimant cross-appealed, arguing …
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MILLS, Judge.
The employer/carrier appeal from a workers’ compensation order contending the deputy commissioner erred in finding that Wilson conducted an adequate work search between March and June 1983. Wilson cross appeals arguing that the deputy erred in finding that Wilson was not permanently totally disabled. We affirm.
Although there was evidence that Wilson did not cooperate with the employer/carrier’s rehabilitation specialist and that Wilson only called some rather than visited all of the prospective employers listed on his job list, evidence was presented by Wilson’s rehabilitation specialist that Wilson was cooperative and they visited 38 businesses most likely to employ him with no success.
Whether a claimant has conducted an adequate work search is a factual determination for the deputy. Clay Hyder Trucking v. Persinger, 416 So. 2d 900 (Fla. 1st DCA 1982). There is competent substantial evidence supporting the deputy’s finding.
Wilson’s rehabilitation specialist stated there were jobs Wilson could do. Dr. Pear son stated in his deposition that if Wilson indicated he wanted to work, he would recommend certain limitations.
This was competent substantial evidence supporting the deputy’s finding that Wilson was not permanently totally disabled.
AFFIRMED.
SHIVERS and WIGGINTON, JJ., concur.
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Ninia v. Sw. Bottlers & Liberty Mut. Ins. Co., 547 So. 2d 966 (Fla. 1st DCA 1989)…, education, motivation, work experience, and work record. Ringling Brothers Barnum and Bailey Circus v. O’Blocki, 496 So. 2d 947 (Fla. 1st DCA 1986). See also Paramount Poultry v. Mims, 472 So. 2d 1281 (Fla. 1st DCA 1985); Simpson Motors v. Wilson, 453 So. 2d 140 (Fla. 1st DCA 1984); Whitehall Corp. v. Davis, 448 So. 2d 47 (Fla. 1st DCA 1984). Furthermore, a work search is not a prerequisite to receipt of benefits where the employer/carrier fail to advise the claimant of his obligation to perform a work sear…
Authorities Cited
- Clay Hyder Trucking v. Persinger, 416 So. 2d 900 (Fla. 1st DCA 1982)