# Jackson v. Alachua County School Board

> District Court of Appeal of Florida · November 13, 1980 · 389 So. 2d 1244

URL: https://www.frixlaw.com/law-library/cases/7505986

## Case

- **Full name:** Bosie JACKSON, Appellant/Cross-Appellee v. ALACHUA COUNTY SCHOOL BOARD Kemper Insurance Company, Appellees/Cross-Appellants
- **Court:** District Court of Appeal of Florida
- **Decided:** November 13, 1980
- **Citations:** 389 So. 2d 1244; 1980 Fla. App. LEXIS 18065
- **Precedential status:** Published
- **Opinion:** Concurring in part by Smith
- **Judges:** Booth, Shaw, Smith
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7505986

## Opinion text

ROBERT P. SMITH, Jr., Judge,
concurring in part and dissenting in part:
I concur in the court’s decision on the cross-appeal holding as a matter of law that retirement benefits which had not vested should not be included in computing the claimant’s average weekly wage. I disagree with the court’s decision that the claimant performed a sufficiently diligent work search to demonstrate his entitlement to disability benefits for a wage earning capacity loss exceeding his anatomical disability. I think the court reaches this factual conclusion by reevaluating the persuasiveness of claimant’s testimony and discounting evidence and legitimate inferences from evidence which led the deputy commissioner to a contrary finding that
. . . the claimant has failed to demonstrate any greater degree of disability from a diminution of wage earning capacity standpoint than the anatomical rating.
On this issue I would sustain the deputy.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7505986. Public record. Not legal advice.