Florida District Courts of Appeal, 1987

Wilson v. Volusia County School Board

Florida District Courts of Appeal · Decided July 7, 1987 · Barfield, Mills, Wentworth

513 So. 2d 671; 12 Fla. L. Weekly 1630; 1987 Fla. App. LEXIS 12114 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Bado v. Canteen Corp. (Fla. Dist. Ct. App. 1987)
Donahue v. CTL Distribution (Fla. Dist. Ct. App. 1996)
Sims v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

AFFIRMED.

MILLS and BARFIELD, JJ., concur. WENTWORTH, J., concurs with written opinion.

Concurring 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 *672determination 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).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.