Legal Opinion

R.D. Brown Contractors v. Padgett

District Court of Appeal of Florida

Decided October 10, 1990No. 89-452PublishedCited by 2 opinions

1Opinion of the Court

SHIVERS, Chief Judge.

•The employer/carrier appeal a workers’ compensation order awarding temporary total disability (TTD) benefits from April 1, 1988, through January 19, 1989. We reverse.

In order to be entitled to TTD benefits the claimant in a workers’ compensation case bears the burden of showing a *500lack of capacity to work by either: (1) producing medical evidence that he was unable to work, or (2) testing his ability to work by way of an adequate job search. Area Electric Service, Inc. v. Cunningham, 538 So.2d 471 (Fla. 1st DCA 1989); Southern Bell Telephone & Telegraph Co. v. Williams,…

2Cases cited4 opinions

  1. Fair-Way Restaurant v. FairDistrict Court of Appeal of Florida · 1982
  2. AREA ELEC. SERVICE, INC. v. CunninghamDistrict Court of Appeal of Florida · 1989
  3. Mt. Sinai Medical Center v. JacobsDistrict Court of Appeal of Florida · 1986
  4. Southern Bell Tel. & Tel. Co. v. WilliamsDistrict Court of Appeal of Florida · 1987

3Cited by2 opinions

  1. US Fidelity & Guar. Ass'n v. KempDistrict Court of Appeal of Florida · 1995
  2. Boles v. West Orange Paint & BodyDistrict Court of Appeal of Florida · 1996

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