Opinion

Wilson v. Volusia County School Board

  • 12 Fla. L. Weekly 1630
  • 513 So. 2d 671
  • 1987 Fla. App. LEXIS 12114
Court
District Court of Appeal of Florida
Filed
Jul 7, 1987
Status
Published
Author
Wentworth
On the bench
Barfield, Mills, Wentworth
Cited by
3 cases
Authority
More cited than 26.5%

The opinion

WENTWORTH, Judge,

concurring.

The wage loss offset based on deemed earnings is affirmable upon the evidence before the deputy, covering months immediately following the date on which the deputy found claimant’s “voluntary termination of his employment with the School Board was not justified.” The order, however, is overbroad insofar as it concludes that because of the voluntary termination “the carrier became entitled to use his deemed earnings in computing his wage loss thereafter” without limitation. The *672 determination of causal relation between the injury and ensuing wagé loss clearly remains a fact issue subject to evaluation of work search and other applicable burdens and presumptions for each month following such voluntary limitation. Section 440.15(3)(b)2, Florida Statutes. Johnston v. Super Food Services, 461 So.2d 169 (Fla. 1st DCA 1984); The Western Union Telegraph Co. v. Perri, 508 So.2d 765 (Fla. 1st DCA 1987).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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