Legal Opinion · Dissent

Florida Division of Corrections v. Morgan

District Court of Appeal of Florida

Decided April 17, 1980No. QQ-467Published

1DissentErvin, Judge

I would affirm the award of permanent, total disability benefits. In my view, the facts in this case are nearly indistinguishable from those in Glenn Brooks v. Haines City Citrus Growers Association, 382 So.2d 725 (Fla.lst DCA 1980). There we reversed the judge’s refusal to grant permanent, total benefits. Here we reverse the judge's award of such benefits. In both cases claimants’ education was limited; their work experience confined to heavy, unskilled labor, and, following their accidents, their job opportunities were restricted to light, sedentary employment. Yet, in both instances, I…

2Cases cited5 opinions

  1. Port Everglades Terminal Co. v. CantySupreme Court of Florida · 1960
  2. Ross v. RoySupreme Court of Florida · 1970
  3. Hogan v. Central Sand CompanySupreme Court of Florida · 1962
  4. Brooks v. Haines City Citrus Growers Ass'nDistrict Court of Appeal of Florida · 1980
  5. Stanley v. Master Masonry Construction, Inc.Supreme Court of Florida · 1973

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