Bland Construction Co. v. Williams

District Court of Appeal of Florida

Bland Construction Co. v. Williams

419 So. 2d 374, 1982 Fla. App. LEXIS 21100

CourtDistrict Court of Appeal of Florida

DecidedSeptember 14, 1982

DocketNo. ZZ-287

StatusPublished

Cited by1 cases

This text of 419 So. 2d 374 (Bland Construction Co. v. Williams) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bland Construction Co. v. Williams, 419 So. 2d 374, 1982 Fla. App. LEXIS 21100 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

This is an appeal from an order of the deputy commissioner awarding claimant wage loss benefits pursuant to section 440.-15(3)(b), Florida Statutes (1979). We affirm.

Appellant contends that the deputy commissioner erred in awarding wage loss benefits because claimant failed to conduct an adequate work search and because the anatomical impairment rating was not based on the American Medical Association Guides to Evaluation of Permanent Impairment (AMA Guide). We conclude that there is competent, substantial evidence in the record to support a finding that the work search which claimant conducted was sufficient, thus appellant’s first contention must fail. The applicability of the AMA Guide was not substantially or specifically raised before the deputy commissioner. Therefore, any error pertaining to that is[375]*375sue was not preserved for this court’s review. Sunland Hospital/State of Florida v. Garrett, 415 So.2d 783 (Fla. 1st DCA 1982); E. C. Goldman Roofing v. Rogers, Case No. AF-467, Fla. 1st DCA, opinion filed August 23, 1982.

BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.

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PER CURIAM.

This is an appeal from an order of the deputy commissioner awarding claimant wage loss benefits pursuant to section 440.-15(3)(b), Florida Statutes (1979). We affirm.

Appellant contends that the deputy commissioner erred in awarding wage loss benefits because claimant failed to conduct an adequate work search and because the anatomical impairment rating was not based on the American Medical Association Guides to Evaluation of Permanent Impairment (AMA Guide). We conclude that there is competent, substantial evidence in the record to support a finding that the work search which claimant conducted was sufficient, thus appellant’s first contention must fail. The applicability of the AMA Guide was not substantially or specifically raised before the deputy commissioner. Therefore, any error pertaining to that is[375]*375sue was not preserved for this court’s review. Sunland Hospital/State of Florida v. Garrett, 415 So.2d 783 (Fla. 1st DCA 1982); E. C. Goldman Roofing v. Rogers, Case No. AF-467, Fla. 1st DCA, opinion filed August 23, 1982.

BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.

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419 So. 2d 374, 1982 Fla. App. LEXIS 21100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bland-construction-co-v-williams-fladistctapp-1982.

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