Morris v. Metal Indus., 491 So. 2d 312 (Fla. 1st DCA 1986). · Go Syfert
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Morris v. Metal Indus., 491 So. 2d 312 (Fla. 1st DCA 1986). Cases Citing This Book View Copy Cite
21 citation events across 1 distinct court.
Strongest positive: Stanley v. Okeelanta Corp. (fladistctapp, 1991-02-26)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited "see" Stanley v. Okeelanta Corp.
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See Griffith v. McDonalds, 526 So.2d 1032 (Fla. 1st DCA 1988) and Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986).
cited Cited "see" Scott v. Container Corp. of America
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986).
cited Cited "see" Shop & Go, Inc. v. Copeland
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Morris v. Metal Indus., 491 So.2d 312 (Fla. 1st DCA 1986); DeFrees v. Colt and DuMont/Hit Sales, 483 So.2d 848 (Fla. 1st DCA 1986); Dan’s Plumbing v. Smith, 410 So.2d 941 (Fla. 1st DCA 1982).
cited Cited "see" Christian v. Greater Miami Academy
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Morris v. Metal Indus., 491 So.2d 312 (Fla. 1st DCA 1986); DeFrees v. Colt and Dumont/Hit Sales, 483 So.2d 848 (Fla. 1st DCA 1986); Dan's Plumbing v. Smith, 410 So.2d 941 (Fla. 1st DCA 1982).
cited Cited "see" Booker v. Lane's Texaco Service
Fla. Dist. Ct. App. · 1988 · signal: accord · confidence high
Accord Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986).
cited Cited "see" Morris v. Metal Industries/Hewitt Coleman & Associates
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986).
discussed Cited "see" Coq v. Fuchs Baking Co.
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986) (claimant excused from job search, even though advised by own counsel to perform a search); Defrees v. Colt and Dumont/Hit Sales, 483 So.2d 848 (Fla. 1st DCA 1986) (claimant excused from job search when a form letter from the employer made no mention of the requirement under Chapter 440 for a documented work search).
cited Cited "see, e.g." Litvin v. ST. LUCIE CTY. SHERIFF'S DEPT.
Fla. Dist. Ct. App. · 1992 · signal: see, e.g. · confidence low
See e.g., Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986).
cited Cited "see, e.g." Lopez v. Nabisco Brands, Inc.
Fla. Dist. Ct. App. · 1987 · signal: see also · confidence low
See also Morris v. Metal Industries, 491 So.2d 312 (Fla. 1st DCA 1986); DeFrees v. Colt and Dumont/Hit Sales, 483 So.2d 848 (Fla. 1st DCA 1986).
Retrieving the full opinion text from the archive…
Sandra MORRIS, Appellant,
v.
METAL INDUSTRIES, Hewitt, Coleman & Associates, Appellees.
BI-188.
District Court of Appeal of Florida, First District.
Jul 9, 1986.
491 So. 2d 312
Wigginton.
Cited by 18 opinions  |  Published

Barry M. Salzman of Chambers & Salzman, P.A., St. Petersburg, for appellant.

Peter H. Dubbeld and Dennis A. Palso of Riden, Watson & Goldstein, P.A., St. Petersburg, for appellees.

WIGGINTON, Judge.

We affirm the deputy commissioner's denial of temporary total disability benefits, as the record supports the finding that claimant was capable of performing at least light duty work. However, we reverse the order insofar as it denies the claim for temporary partial disability benefits.

In this case, the employer/carrier failed in their duty to inform claimant of her "`rights, benefits, and obligations' under the Workers' Compensation Law." DeFrees v. Colt and DuMont/Hit Sales, 483 So.2d 848 (Fla. 1st DCA 1986). The failure of the employer/carrier to notify the "`still healing and still unemployed'" claimant of the job search requirement after terminating temporary total disability benefits is grounds for excusing the necessity of conducting a good faith job search. DeFrees. The fact that claimant was later advised by counsel to conduct a job search is irrelevant, as the "Workers' Compensation Act — in its day-to-day operation is intended to be — beyond all else — quintessentially an employer-carrier monitored system, rather than a claimant-attorney monitored system." Barnes v. PCH Walter T. Parker, 464 So.2d 1298 (Fla. 1st DCA 1985).

Accordingly, that portion of the order denying temporary partial disability benefits is REVERSED, and the cause is REMANDED to allow claimant to submit the proper wage-loss forms for the period November 30, 1983, until she returned to work in November, 1984. Cf. Bay Steel Erections v. Chung, 458 So.2d 31 (Fla. 1st DCA 1984).

SMITH and JOANOS, JJ., concur.