City of Miami v. Jacoby

I would affirm the order of the judge of compensation claims in its entirety. In so concluding, I agree with the majority that the judge should not have offset the wage loss claimed, because case law is clear that the deemed earnings provision of the statute is inapplicable under such circumstances. I agree also that the judge should have explicitly ruled on the employer’s defense regarding voluntary limitation of income. In consideration of the somewhat unusual circumstances of this case, however, I would not remand the case for further findings.

Because the judge applied deemed earnings…