CITY OF DELRAY BEACH AND GALLAGHER-BASSETT INSURANCE, APPELLANTS,
v.
WALTER LEE JONES, APPELLEE

Fla. 1st DCA | 1987-08-13
No. BP-373
SMITH, C.J., and ERVIN, J., concur.
512 So. 2d 238 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 6 cases

Opinion of the Court
MILLS, Judge.

MILLS, Judge.

The City of Delray Beach and Gallagher-Bassett Insurance Service (E/C) appeal an order of the deputy commissioner awarding wage loss benefits for the period 1 January 1985 to 30 June 1986. The order is in affirmed in all respects save that the second sentence in paragraph (2) of the decretal portion of the order is stricken as surplusage.

Affirmed.

SMITH, C.J., and ERVIN, J., concur.


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  • …res proof that the exercise of statutorily protected conduct motivated the employer to make a threatening or coercive decision or a decision against the employee’s interest. Sch. Bd. of Lee County v. Lee County Sch. Bd. Employees, Local 780, AFSCME, 512 So. 2d 238, 239 (Fla. 1st DCA 1987). As the court stated in Lee County: In order to determine whether the evidence sustains a charge alleging an unfair labor practice, when it is grounded upon an asserted violation of protected activity, the following general…
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  • Annemarie Harris v. State, 577 So. 2d 1363 (Fla. 1st DCA 1991)
    …988) (appellate court may reverse and remand with directions to take additional evidence as is necessary to render detailed findings sufficient to enable proper review); School Bd. of Lee County v. Lee County School Bd. Employees, Local 780, AFSCME, 512 So. 2d 238 (Fla. 1st DCA 1987) (remand for further findings as to employer's motivation in reprimanding its employee). The case is REVERSED and REMANDED with directions for the hearing officer to take such additional evidence as is necessary to fully resolve…
  • Koren v. Sch. Bd. OF Miami-Dade Cnty., 97 So. 3d 215 (Fla. 2012)
    …501(l)(a) and (d), Florida Statutes (2008) and conclude that the record reveals no basis for finding a prima facie violation of that statute.” Koren, 46 So. 3d at 1093 (citing Sch. Bd. of Lee Cnty. v. Lee Cnty. Sch. Bd. Employees, Local 780, AFSCME, 512 So. 2d 238 (Fla. 1st DCA 1987)). The Third District found that although “the two parties had disagreements, there is just not sufficient evidence of animus, or relation of adverse events to Koren’s participation in a protected activity, necessary to sustain th…
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