Clark v. Duck Key Marina, Inc.

District Court of Appeal of Florida

Clark v. Duck Key Marina, Inc.

602 So. 2d 677, 1992 Fla. App. LEXIS 8192, 1992 WL 162300

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1992

DocketNo. 91-2210

StatusPublished

Cited by1 cases

This text of 602 So. 2d 677 (Clark v. Duck Key Marina, Inc.) 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.

Bluebook

Clark v. Duck Key Marina, Inc., 602 So. 2d 677, 1992 Fla. App. LEXIS 8192, 1992 WL 162300 (Fla. Ct. App. 1992).

Pincite

Opinion

ALLEN, Judge.

The claimant appeals a workers’ compensation order by which a claim for various benefits was denied. Among other contentions, the claimant asserts that he should be excused from a job search obligation under the authority of cases such as Michael v. National Industries, Inc., 599 So.2d 243 (Fla. 1st DCA 1992). In Michael the record established without controversion that the employer/carrier had failed to provide the claimant with job search information. There is no such evidence in the present case, and the employer/carrier’s failure to provide job search information may not be presumed from a silent record. If a claimant seeks to be relieved of a job search obligation when it would otherwise be a necessary aspect of the claimant’s burden of proof, the claimant must insure that the record affirmatively reflects the necessary predicate for such relief.

The appealed order is affirmed.

SHIVERS and MINER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ALLEN, Judge.

The claimant appeals a workers’ compensation order by which a claim for various benefits was denied. Among other contentions, the claimant asserts that he should be excused from a job search obligation under the authority of cases such as Michael v. National Industries, Inc., 599 So.2d 243 (Fla. 1st DCA 1992). In Michael the record established without controversion that the employer/carrier had failed to provide the claimant with job search information. There is no such evidence in the present case, and the employer/carrier’s failure to provide job search information may not be presumed from a silent record. If a claimant seeks to be relieved of a job search obligation when it would otherwise be a necessary aspect of the claimant’s burden of proof, the claimant must insure that the record affirmatively reflects the necessary predicate for such relief.

The appealed order is affirmed.

SHIVERS and MINER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

602 So. 2d 677, 1992 Fla. App. LEXIS 8192, 1992 WL 162300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-duck-key-marina-inc-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack