Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WANDA CARROLL, APPELLANT, v. BELKNAP INC. AND WAUSAU INSURANCE CO., APPELLEES.

PER CURIAM.

Wanda Carroll appeals a workers' compensation order which, inter alia, finds that her testimony regarding her job search was not credible, rejects it, and denies her claim for wage loss or temporary partial disability benefits. We reverse and remand.

It is not apparent from the record why the deputy commissioner (deputy) rejected claimant's uncontroverted testimony and prima facie showing of a job search. Tampa Electric Co. v. Bradshaw, 477 So.2d 624 (Fla. 1st DCA 1985); Irving v. City of Daytona Beach, 472 So.2d 810 (Fla. 1st DCA 1985). Although the deputy is the trier of fact he cannot reject a claimant's uncontroverted testimony simply because he finds it not credible when the lack of credibility has no apparent support in the record. Calleyro v. Mt. Sinai Hospital, 504 So.2d 1336 (Fla. 1st DCA 1987). Therefore, we reverse the denial of wage loss and temporary partial disability benefits, and remand with directions that the deputy either award the benefits claimed or specify his grounds for rejecting the job search evidence.

REVERSED AND REMANDED.

BOOTH, SHIVERS and THOMPSON, JJ., concur.

Use AI to get other relevant cases.

Comments

CARROLL v. BELKNAP INC
(Oct 13, 1988)