Parks v. Dade County Waste Division
Parks v. Dade County Waste Division
Opinion of the Court
This cause is before us on appeal from a workers’ compensation order awarding benefits based on a 70 percent permanent partial disability predicated on a loss of wage earning capacity. Claimant J.C. Parks contends that the Deputy Commissioner’s denial of permanent total disability was not supported by substantial competent evidence. We affirm this portion of the order, as there was sufficient evidence in the record that Parks failed to apply for available positions within his physical and mental capabilities. Thus, the Deputy Commissioner properly found that Parks’ work search was inadequate to show that employment was closed to him in the open labor market. See Mahler v. Lauderdale Lakes National Bank, 322 So.2d 507 (Fla. 1975). See also Coe v. Kentucky Fried Chicken, 393 So.2d 1156 (Fla. 1st DCA 1981).
The claimant also urges that the Deputy Commissioner erred in permitting
Reference
- Full Case Name
- J. C. PARKS v. DADE COUNTY WASTE DIVISION and Metropolitan Dade County Self-Insurance Fund
- Cited By
- 3 cases
- Status
- Published