Rosalina Bado v. Canteen Corporation and Cna Insurance Companies - First District Court of Appeal of Florida

Rosalina Bado v. Canteen Corporation and Cna Insurance Companies

By First District Court of Appeal of Florida

  • Release Date - Published: 1987-10-22
  • Book Genre: Law
  • Author: First District Court of Appeal of Florida
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Rosalina Bado v. Canteen Corporation and Cna Insurance Companies First District Court of Appeal of Florida read online review & book description:

The claimant appeals a workers' compensation order finding that she voluntarily limited her income when she failed to report to a job which was within her medical restrictions, and authorizing the employer/carrier to thereafter take a credit against her monthly wage loss benefits for ""deemed earnings."" We affirm the finding, supported by competent, substantial evidence in the record, that the claimant voluntarily limited her income, but remand the case to the deputy commissioner for reconsideration of the authorization of credit for deemed earnings. The claimant was offered a job within her medical restrictions by Burns International Securities (Burns), to begin on Monday, January 27, 1986. She called Burns that morning to say that she would not be coming to work because the prescription pain medication she had taken made her too dizzy to drive. She was told to return the uniforms she had been given, and her rehabilitation counselor thereafter closed her file, informing the carrier that further efforts to place the claimant would be ""a waste of your money and our time.""

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