PETER SCHERREIKS, APPELLANT,
v.
A & B ROOFING, INC. AND EXECUTIVE RISK CONSULTANTS, INC., APPELLEES
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PER CURIAM.
While there may have been competent substantial evidence in the record for a finding that the claimant had voluntarily limited his income, voluntary limitation of income was not raised as a defense by the appellees, employer/carrier. Accordingly, we reverse the order finding that the appellant claimant voluntarily limited his income. Even if voluntary limitation of income had been raised as a defense, there was no record basis for the deemed earnings figure used by the judge of compensation claims, since a judge of compensation claims cannot take judicial notice of surrounding employment conditions. Leffler v. Grand Union Co., 409 So. 2d 1145, 1146 (Fla. 1st DCA 1982).
This cause is reversed and remanded with instructions to enter an order in accordance with this opinion.
SHIVERS, C.J., and BOOTH and ALLEN, JJ., concur.
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Marbury v. Holiday INN, 660 So. 2d 799 (Fla. 1st DCA 1995)…y limitation of income. Specifically, the voluntary limitation of income defense was never raised properly by the employer/carrier, and thus the JCC should not have made a finding in reliance upon this defense. See Scherreiks v. A & B Roofing, Inc., 571 So. 2d 73 (Fla. 1st DCA 1990) (although record might contain competent substantial evidence for a finding of voluntary limitation of income, such was not raised as a defense by the employer/carrier). On the question of the adequacy of claimant’s job search,…
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Jairo Cardona v. Commercial Bldg. Maint., Inc., 626 So. 2d 335 (Fla. 1st DCA 1993)…n benefits to the claimant. The JCC’s denial of attorney’s fees under section 440.-34(3)(b), Florida Statutes (1989), in my opinion, was error. See, Nieves v. Dade County School Board, 583 So. 2d 697 (Fla. 1st DCA 1991); Alcoma Packing Co. v. Jones, 571 So. 2d 73 (Fla. 1st DCA 1990); Wiseman v. AT & T Technologies, Inc., 569 So. 2d 508 (Fla. 1st DCA 1990); Jackson v. Dade County School Board, 484 So. 2d 1290 (Fla. 1st DCA 1986). I would therefore reverse the denial of attorney’s fees.…
Authorities Cited
- Leffler v. Grand Union Co. & Crawford & Co., 409 So. 2d 1145 (Fla. 1st DCA 1982)