LYNN RYAN, APPELLANT,
v.
UNION OIL COMPANY OF CALIFORNIA, APPELLEE
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In this workers' compensation appeal, the court addresses whether a claimant who lost his job for economic reasons unrelated to his work injury can still claim wage-loss benefits if he demonstrates a work-related disability. The court clarifies that job loss for economic reasons does not preclude wage-loss benefits if the claimant proves a work-related impairment prevents employment within his preexisting abilities.
A claimant may receive wage-loss benefits even if job loss resulted from economic reasons, provided the claimant demonstrates a work-related disability precluding employment within preexisting abilities. Permanent impairment and average weekly wage determinations are not rendered moot by denial of wage-loss benefits for a particular period, as the claimant may file future claims.
[1] A claimant may be eligible for wage-loss benefits if they can demonstrate a work-related disability that precludes subsequent employment within their pre-existing abiliti…
[2] A determination of wage loss unrelated to a work injury does not render issues of average weekly wage and permanent impairment moot.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“even if he lost his job solely for economic reasons unrelated to any injury, he is still eligible for wage-loss benefits if he can show that he has a work-related disability which precludes subsequent employment within his preexisting abilities”
Establishes the legal standard that economic job loss does not bar wage-loss benefits if a work-related disability prevents comparable employment.
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Join FLexlaw to unlock all legal intelligenceRyan, a 47-year-old manager, suffered a lower-back injury while working for Union Oil in 1984 while carrying a heavy object. His job was eliminated in…
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PER CURIAM.
This cause is before us on appeal of a final order denying claimant’s request for wage-loss benefits, redetermination of average weekly wage, and determination of permanent impairment. Claimant is a 47-year-old man who has worked in a variety of managerial positions. While working for Union Oil in 1984, he suffered a lower-back injury while carrying a heavy object. Although he missed little work, he remained under medical care for months. Testimony conflicts whether he suffered permanent impairment.
In August 1985, claimant's job was eliminated. The record reflects that the job was eliminated because it did not produce profits, rather than because claimant was not performing well. Claimant, however, was not offered a different position with the company. He immediately secured new managerial employment at slightly higher pay but was laid off in December 1985 after all his employees resigned and left him with no one to supervise. Claimant searched for employment from January to mid-March 1986, and although he did not mention his back condition to prospective employers, he was unable to find a job. He subsequently filed for wage-loss benefits from January to March 18, 1986, and for a determination of his correct average weekly wage and whether he had suffered a permanent impairment.
The deputy commissioner found that claimant did not demonstrate that any wage loss was due to a work-related physical impairment, and competent, substantial evidence supports the finding. However, the deputy also held that it was unnecessary to set a permanent impairment rating and rule whether claimant’s average weekly wage was higher than that set by the employer/carrier, because his finding that wage loss was unrelated to the work injury rendered the issues “moot.”
Claimant correctly argues on appeal that even if he lost his job solely for economic reasons unrelated to any injury, he is still eligible for wage-loss benefits if he can show that he has a work-related disability which precludes subsequent employment within his preexisting abilities. Williams Roofing, Inc. v. Moore, 447 So. 2d 968, 972 (Fla. 1st DCA 1984); Whalen v. U.S. Elevator, 486 So. 2d 670, 671 (Fla. 1st DCA 1986); City of Miami v. Simpson, 496 So. 2d 899, 901 (Fla. 1st DCA 1986); Oxford Building Service v. Allen, 498 So. 2d 523, 524 (Fla. 1st DCA 1986). Although, as stated above, we agree with the deputy’s determination that claimant did not satisfy his burden of proof for the period in question, it is conceivable that claimant may file future claims for wage-loss benefits and attempt to prove them. Consequently, claimant’s correct average weekly wage and whether he has a permanent impair ment were not mooted by the ruling on the period already claimed.
Accordingly, we remand the case to the deputy commissioner for clarification of his order by making findings on the average weekly wage and permanent impairment issues.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Trella Martinez v. Martinez, 447 So. 2d 968 (Fla. 1st DCA 1984)
- Whalen v. U.S. Elevator & U.S. Fid. & Guar. Co., 486 So. 2d 670 (Fla. 1st DCA 1986)
- City OF Miami v. Simpson, 496 So. 2d 899 (Fla. 1st DCA 1986)
- Oxford Bldg. Serv. & Liberty Mut. Ins. Co. v. Allen, 498 So. 2d 523 (Fla. 1st DCA 1986)