Scherreiks v. A & B Roofing, Inc.

While there may have been competent substantial evidence in the record for a finding that the claimant had voluntarily limited his income, voluntary limitation of income was not raised as a defense by the appellees, employer/carrier. Accordingly, we reverse the order finding that the appellant claimant voluntarily limited his income. Even if voluntary limitation of income had been raised as a defense, there was no record basis for the deemed earnings figure used by the judge of compensation claims, since a judge of compensation claims cannot take judicial notice of surrounding employment…