Gonzalez v. Sea Air Tower Restaurant
Gonzalez v. Sea Air Tower Restaurant
Opinion of the Court
Appellant appeals the order of the Deputy Commissioner denying his claim for wage loss and TPD benefits for the months of June and July, 1980, and for wage loss benefits for the period from January 5, 1981, to May 28, 1981.
The Deputy Commissioner’s denial of wage loss benefits for the January to May, 1981, period is supported by competent and substantial evidence, and we affirm. However, we reverse as to the denial of benefits for the months of June and July, 1980. The record is devoid of any evidence which suggests that claimant was employable during the months of June or July 1980. The testimony of Dr. Gervin, which represents the only medical evidence in the record concerning claimant’s ability to work before
We remand the case for a determination of benefits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.