Commercial Union Assurance Co. v. Hyman

The employer/carrier appeals, and the claimant cross-appeals, a workers’ compensation order, which we affirm except as to the award of permanent partial disability benefits based on diminution of wage earning capacity, and as to the amount of attorney’s fee awarded.

Any consideration of wage earning capacity loss in this case is precluded by the claimant’s complete failure to test her employability in the open labor market after reaching maximum medical improve*457ment. Exxon Co. USA v. Alexis, 370 So.2d 1128 (Fla.1978). We further note that the order appealed is facially inadequate, in that it…