Martinez v. Robert Weber Construction Co.

2 Citing cases

  1. OBS Co. v. Freeney

    475 So. 2d 947 (Fla. Dist. Ct. App. 1985)   Cited 11 times

    It is obvious to the undersigned, based upon findings more specifically set out in this order, that were this claim governed by the law in effect prior to institution of the wage loss concept, the claimant herein would have a permanent impairment of his wage earning capacity and would be entitled to permanent partial disability benefits. See, Martinez v. Robert Weber Construction Company, 181 So.2d 645 (Fla. 1966), and Plantation Construction Company v. Ayers, 385 So.2d 1138 (Fla. 1st D.C.A. 1980). However, under the Wage Loss law that was in effect at the time of the accident herein, in order to be eligible for wage loss benefits, an injured worker must incur a permanent impairment pursuant to the A.M.A. Guides unless such permanent impairment cannot be determined by the Guides, in which case such permanent impairment may be established under other generally accepted medical criteria for determining impairment.

  2. Plantation Const. Co. v. Ayers

    385 So. 2d 1138 (Fla. Dist. Ct. App. 1980)   Cited 7 times
    In Plantation Construction Co. v. Ayers, 385 So.2d 1138, 1139 (Fla. 1st DCA 1980), another panel of this court rejected a deputy commissioner's "apparent conclusion that the likelihood of a further recurrence of bacteria-caused ear infections, if claimant continues to dive, may be classified as a `physical impairment.'"

    However, we are unable to accept the Deputy Commissioner's apparent conclusion that the likelihood of a further recurrence of bacteria-caused ear infections, if claimant continues to dive, may be classified as a "physical impairment." Appellee's attempt to find support for this conclusion in Martinez v. Robert Weber Construction Co., 181 So.2d 645 (Fla. 1966), is unavailing. In Martinez, a carpenter who suffered a head injury was required to accept a job at lower wages in order to avoid headaches produced by loud noises from construction equipment being used at his regular employment sites.