Legal Opinion · Concurring in part, dissenting in part

Barter v. Zayre Corp.

District Court of Appeal of Florida

Decided May 3, 1984No. AR-291Published

1Concurring in part, dissenting in partNimmons, Judge

The deputy did not err in accepting the opinion of Dr. Schiuma that appellant was able to work. Further, there was no medical evidence that claimant was unable to work during the period in question. Appellant did not engage in a good faith work search during that period. Ordinarily, under those circumstances, a claimant is not entitled to temporary total disability benefits. See Tallahassee Coca Cola Bottling Co. v. Parramore, 395 So.2d 275 (Fla. 1st DCA 1981); State v. Campbell, 417 So.2d 1156 (Fla. 1st DCA 1982). However, denial of TTD benefits cannot be grounded upon a claimant’s failure…

2Cases cited4 opinions

  1. TALLAHASSEE COCA COLA BOTLING v. ParramoreDistrict Court of Appeal of Florida · 1981
  2. Fulmer-Orlando v. TaylorDistrict Court of Appeal of Florida · 1982
  3. LAKELAND CONST. CO. v. FlattDistrict Court of Appeal of Florida · 1983
  4. State v. CampbellDistrict Court of Appeal of Florida · 1982

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