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Munford, Inc. v. West

District Court of Appeal of Florida, First District
Apr 22, 1983
429 So. 2d 382 (Fla. Dist. Ct. App. 1983)

Opinion

No. AM-143.

March 18, 1983. Rehearing Denied April 22, 1983.

Appeal from the Deputy Commissioner.

Brian D. Hill, of Taraska Hill, P.A., Orlando, for appellant.

Irvin A. Meyers, of Meyers Mooney, P.A., Orlando, for appellee.


This is a workers' compensation appeal from an order of the deputy commissioner awarding West permanent total disability benefits. We affirm.

The record clearly reveals substantial competent evidence of a good faith work search by claimant. Contrary to employer/carrier's position, those places of employment investigated by claimant all offered the possibility of light work. Considering claimant's age of 61 years, his array of disabilities (arteriosclerosis; hypertension; hearing loss; arthritis), coupled with the limitations placed on him by his physician, the deputy's finding of permanent total disability was justified.

We find adequate support for the deputy's conclusion that the job offered by employer/carrier, although allegedly light-duty work, would ultimately lead to work responsibilities beyond claimant's physical abilities.

Newport Industries v. Mathis, 418 So.2d 1175 (Fla. 1st DCA 1982), relied on by employer/carrier is distinguishable. In Mathis, this Court was "unable to approve as adequate a work search wherein the claimant tells potential employers that she will work only when she feels like it." Id. at 1176. Such is not the case here. West exhibited a desire to work a regular job and even offered his services to the employer as a supervisor of an area wherein he had worked for ten years. That offer was not accepted.

AFFIRMED.

BOOTH and NIMMONS, JJ., concur.


Summaries of

Munford, Inc. v. West

District Court of Appeal of Florida, First District
Apr 22, 1983
429 So. 2d 382 (Fla. Dist. Ct. App. 1983)
Case details for

Munford, Inc. v. West

Case Details

Full title:MUNFORD, INC., A/K/A JACKSON'S MINUTE MARKET, APPELLANT, v. JAMES I. WEST…

Court:District Court of Appeal of Florida, First District

Date published: Apr 22, 1983

Citations

429 So. 2d 382 (Fla. Dist. Ct. App. 1983)