# Wilson v. Volusia County School Board

> District Court of Appeal of Florida · July 7, 1987 · 12 Fla. L. Weekly 1630

URL: https://www.frixlaw.com/law-library/cases/7560846

## Case

- **Full name:** Willie Lee WILSON, Jr. v. VOLUSIA COUNTY SCHOOL BOARD and ESIS c/o INA
- **Court:** District Court of Appeal of Florida
- **Decided:** July 7, 1987
- **Citations:** 12 Fla. L. Weekly 1630; 513 So. 2d 671; 1987 Fla. App. LEXIS 12114
- **Precedential status:** Published
- **Opinion:** Concurrence by Wentworth
- **Judges:** Barfield, Mills, Wentworth
- **Cited by:** 3 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/7560846

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7560846. Public record. Not legal advice.