Florida/Georgia Personal Injury & Workers Compensation

for certain benefits. See Fla. Stat. § 440.15 (1993 & 1994 Supp.). The statutory scheme provides

...Florida Statutes (1997). The statute is intended to provide a "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....

...compensation should not affect the pleading or proof of an intentional tort. Therefore, an employee-plaintiff should not be held to a higher standard than any other plaintiff in a non-work-related intentional tort case. Indeed, the plain language of section 440.015, Florida Statutes (1997), suggests that the Legislature did not intend workers' compensation immunity to be used to create a shield for employers to block intentional tort suits at the summary judgment phase....

...Accordingly, we quash the decision below and remand for further proceedings consistent with this opinion. It is so ordered. HARDING, C.J., and SHAW, WELLS, PARIENTE, LEWIS and QUINCE, JJ., concur. NOTES [1] We present the facts with some trepidation as to our ability to restate them with technical accuracy. [2] Section 440.015, Florida Statutes, provides in part: It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to...

the right hand. The Deputy held that under Section 440.15(5) (d) (2), Florida Statutes 1959, F.S.A.,

the result of the compensable injury." (e.s.) § 440.15(3)(b)2, Florida Statutes. The facts detailed below

allowable for such benefits under the provision of Section 440.15(3)(b)3.d, Florida Statutes (1979). He launches

compensation order and assert that a 1983 amendment to § 440.15(3)(b)2, Florida Statutes, precludes an award of

position that there was a compensable claim under § 440.15(6) (f), in effect determining that the injury

that "disability", for purposes of Fla. Stat. § 440.15(3)(u), refers to a diminution of earning capacity

benefits and degrees of disability set forth in Section 440.15. On the other hand, there are obvious dissimilarities

...ess than in generic civil and criminal litigation. As summarized by the court below, Henson asserts that because the workers' compensation scheme is based on "a mutual renunciation of common law rights and defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery....

...inconsistent with the Legislature's stated intent that the workers' compensation system "assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment." § 440.015, Fla....

...On this basis, the district court certified the issue to this Court. Certainly, we recognize that in establishing the workers' compensation system, the Legislature intended to create an "efficient and self-executing system ... which is not *109 an economic or administrative burden." § 440.015, Fla....

permanent partial disability is prescribed in Section 440.15(3), F.S. 1951, F.S.A. Injuries specifically

access to courts challenge an amendment to section 440.15(3)(b), concerning permanent impairment benefits

the Evaluation of Permanent Impairment? See section 440.15(3)(a)3, Florida Statutes (1979); Decor Painting

percentage of the prior average weekly wage, section 440.15(2), Florida Statutes (1980 Supp.), or to temporary

104-05 (Fla. 1st DCA 1992). [14] Although section 440.15(9) specifically allows a reduction of workers'

total disability and wage-loss benefits under section 440.15(3)(b), Florida Statutes (1979). The deputy

amending section 440.15(2) and (4), Fla. Stat. Effective January 1, 1994, section 440.15(3)(a)4., Florida

non-scheduled injury to his back, compensable under § 440.15(3) (u), F.S.A. The injury resulted in a functional

merges with, the effects of a workplace injury. § 440.15(5)(b), Fla. Stat. Apportionment is an affirmative

from the injury." (Emphasis added.) Moreover, section 440.15(3)(a)(4), Florida Statutes (1995), provides

2d 989 (Fla. 1983), this court interpreted section 440.15(3)(b)2., Florida Statutes (1979), and stated:

which the claimant was entitled pursuant to section 440.15, Florida Statutes (1995), we reverse. In January

disability benefits for 175 weeks as provided for by Section 440.15(3) (d), F.S.A. Thereafter petitioner filed

and on actual physical impairment. Fla. Stat. § 440.15(3) (u), F.S.A., provides that disability "means

"permanent impairment" benefits provided in section 440.15(3)(a) subject to apportionment. But the question

his average weekly wage at time of injury. Section 440.15(4)(b), Florida Statutes (1985), states in part:

...In response, Henson contends that the Florida workers' compensation statutory scheme leaves no room for Frye admissibility issues. First, he submits that, because the workers' compensation scheme is based on "a mutual renunciation of common law rights and defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery....

...See Domino's Pizza v. Gibson, 668 So.2d 593, 596 (Fla.1996). We do share appellee's concern with the impact of applying Frye in workers' compensation cases. The legislature has sought to create an efficient, self-executing workers' compensation system, see section 440.015, Florida Statutes (1995), where the occupational cause of a workers' compensation injury is proven by "objective medical findings," "established to a reasonable degree of medical certainty." Section 440.09(1), Florida Statutes (1995)(emphasis supplied)....

...administrative burden. The Division of Workers' Compensation shall administer the Workers' Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments. § 440.015, Fla....

...compensation law not be construed liberally in favor of the employee or the employer. Rather, the Legislature has cautioned that the system is based upon "a mutual renunciation of common-law rights and defenses by employers and employees alike." See § 440.015, Fla....

...construed liberally in favor of the employee or the employer. Rather, the Legislature has cautioned that the system is based upon `a mutual renunciation of common-law rights and defenses by employers and employees alike.'" Majority op. 4-5 (quoting § 440.015, Fla....

claimant challenges the constitutionality of Section 440.15(3)(a)3, Florida Statutes (1979). The claimant

weeks statutory hernia benefits pursuant to Section 440.15(6), Florida Statutes (1973); (3) a permanent

an offset for social security benefits under section 440.15(9), Florida Statutes (1985), which states in

...It is the specific intent of the Legislature that workers' compensation cases shall be decided on their merits. The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. § 440.015, Fla....

...mines the workers' compensation scheme. A. The Exchange of Common Law Remedies for Statutory Remedies "The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015 Fla....

...' compensation is gone. And such a result is in direct conflict with the legislative statement that "[t]he workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....

...In its place, the Legislature enacted section 440.105, Florida Statutes (Supp.1994). This is a similarly worded statute, but the express private right of action of section 440.37(2)(c) is eliminated. [11] Notably, Sibley was decided before the passage of section 440.015, Florida Statutes. This statute, passed in 1990, provides that "[t]he workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....

governing the payment of TPD benefits pursuant to section 440.15(4), Florida Statutes (2007). Distinct from

...administrative burden. The Division of Workers' Compensation shall administer the Workers' Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments. § 440.015, Fla....

benefits in accordance with Florida Statutes, Section 440.15(3)(b) (1990). Additionally, Plaintiff alleges

claimant's wage loss and his injury. We agree. Section 440.15(4)(b), Florida Statutes (1985), states in part:

11, F.S.A. [5] F.S. § 440.15(3) (a) to (t), inclusive, F.S.A. [6] F.S. § 440.15(3) (u), F.S.A. — "Other

...that the dismissed action was pending; rather, the statute will run as if the dismissed action had never been filed. While both readings of the statute are permissible, we must determine which is the one more likely intended by the legislature. See § 440.015, Fla....

adequate job search and the application of section 440.15(3)(b)2, Florida Statutes (1990). We conclude

the claim for catastrophic loss, provided in Section 440.15(2)(b), Florida Statutes (1979), as a denial

permanent partial disability benefits under section 440.15(3)(u), Florida Statutes (1974 Supp.).[1]*1178

pre-disability earnings. See Fla.Stat. § 440.15(10); Dep’t of Transp., Div. of Risk Management

Compensation Division, in accordance with Florida Statute 440.15(9)(c)."[1] The deputy commissioner continued

compensation disability benefits offset statute, section 440.15(9)(a), Florida Statutes (1991), provides in

...ablished by chapter 440, Florida Statutes. The declared legislative intent of the workers' compensation law is "to assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer." § 440.015, Fla....

under the AMA Guides. Trindade concedes that Section 440.15(3)(a)3., Florida Statutes (1979), as interpreted

...njuries. The stated intent of the statute is "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." See § 440.015, Fla....

(PTD) benefits would be suspended pursuant to section 440.15(1)(f)2.b., Florida Statutes (Supp.1994), unless

there is nothing unclear or ambiguous about section 440.15(5)(b); that, as a result, there is no reason

...fits to workers who are injured on the job during the course of their employment. See generally §§ 440.01-440.60, Fla. Stat. (2006). The system is "based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....

disability "due to physical limitation" under § 440.15(1)(b), Florida Statutes; (2) voluntary limitation

application of the "deemed earnings" provision of Section 440.15(4)(b), Florida Statutes (1987) with respect

So.2d 322 (Fla. 1st DCA 1982). Pursuant to Section 440.15(3)(b)2, Florida Statutes (1981), a claimant

earnings provision of the previous statute, see section 440.15(4)(b), Florida Statutes (1993), which had enabled

...The Florida Supreme Court recently quoted language from Daniel with approval in Broward v. Jacksonville Medical Center, 690 So.2d 589 (Fla. 1997), in deciding a case that arose under the 1993 statute. But, by enacting chapter 93-415, section 1 at 68, Laws of Florida, now codified as section 440.015, Florida Statutes (1997), the Legislature has placed a different gloss on the Workers' Compensation Law, declaring that disputes concerning the facts in workers' compensation cases are not to be given a broad liberal construction in f...

...1st DCA 1998); City of Pensacola Firefighters v. Oswald 710 So.2d 95 (Fla. 1st DCA 1998). Here, too, we adhere to "the basic principles of statutory construction," which neither require nor permit that all ambiguities be resolved "liberally in favor of either employee or employer." § 440.015, Fla....

...ion are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. § 440.015, Fla....

impairment rating pursuant to the requirements of § 440.15(3)(a) (Supp.1990). Plaintiffs allege that, on

compensation of 175 weeks for "eye lost" under Section 440.15(3)(e), F.S.A. and rejected the carrier's contentions

deputy erred by "deeming," in accordance with § 440.15(4)(b), Florida Statutes (1979), minimum wage as

had therefore met her burden of proof under section 440.15(1)(b), Florida Statutes (1991), to show that

...*471 Workers' Compensation Immunity Florida's workers' compensation scheme was designed "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....

...made whole for all costs necessary to maintain the claim. Any conclusion to the contrary would obfuscate the expressed purpose "to ensure the prompt delivery of benefits to the injured worker," and to create "an efficient and self-executing system." § 440.015, Fla....

The issue raised by this appeal is whether Section 440.15(3)(a) and (b), Florida Statutes (1981), is

substantive argument as to the JCCs application of section 440.15(4)(a)-(e), Florida Statutes (2007), which establishes

418 So.2d 322, 326 (Fla. 1st DCA 1982). Under Section 440.15(3)(b)2, Florida Statutes, the employee has

...The purpose of the Act is to compensate for loss of wage earning capacity due to work-connected injury. It is the capacity of the "whole man" not the capacity of the part-time or full-time worker that is involved. 262 So.2d at 194 (emphasis added). [4] When the 1990 Legislature substantially rewrote the Act, it created section 440.015, *81 Florida Statutes (Supp....

...overage but are nonetheless calculated to provide an adequate level of compensation to injured employees " (emphasis added). Any suggestion that the new definition of wages must control over the statutory and case law concept of AWW not only ignores section 440.015, it also takes no heed of the legislature's decision to maintain an adequate level of compensation....

finding of lack of permanent impairment, see Section 440.15, Florida Statutes (1985), and we affirm on

further work search under the requirements of section 440.15 is a question of fact for the deputy commissioner

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)1, FLORIDA STATUTES (1985), IS THE EMPLOYER

...ming work. We see nothing, however, in the extensive revisions to the Workers' Compensation Law to indicate the Legislature intended to broaden tort liability of employers in this fashion as a solution to the workers' compensation crisis. See, e.g., § 440.015, Fla.Stat....

...As previously noted, this construction would broaden the potential tort liability for every employer in Florida. Moreover, this construction would contravene the legislative intent to ensure the prompt delivery of benefits to the injured worker by an efficient and self-executing system. § 440.015, Fla.Stat....

...Both parties recognize the stated intent of the Worker's Compensation Act is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer. § 440.015, Fla....

during any period of incarceration, pursuant to section 440.15(8), Florida Statutes. 2) Claimant was responsible

...The express legislative intent behind the worker's compensation statute is to "assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....

one of the goals motivating the enactment of section 440.15(3)(b), Florida Statutes (1979), making employees

Associate Judge, concur. NOTES [1] Under section 440.15(3)(b)4d(I), Florida Statutes (Supp. 1990),

provision of the statute virtually meaningless. See § 440.015, Fla. Stat. (2003) ("The department, agency, the

10% physical impairment. The applicable law, section 440.15(3)(u), Florida Statutes (1977), provides that

and employers and their insurance carriers. See § 440.015, Fla. Stat. (Supp. 1994).[2] Even though the conference

for medical services to the injured employee, section 440.15, disability benefits, including permanent total

there was no actual wage loss as required by Section 440.15(4), Florida Statutes (1983). For the period

deputy awarded PPD benefits to claimant under Section 440.15(3)(u), Florida Statutes (1977). This subsection

pursuant to the "catastrophic loss" provisions of Section 440.15(2)(b), Florida Statutes (1979). The claim also

impairment suffers a subsequent compensable injury. § 440.15(5) (d), Fla. Stat., F.S.A. In cases within the

should have applied the criteria contained in section 440.15(1), Florida Statutes (Supp.1994). The final

"conclusive proof of a substantial earning capacity," § 440.15(1)(b), Fla. Stat. (1991), nor "a substitute for

partial disability for the loss of a hand under Section 440.15(3) (c), Florida Statutes, F.S.A., or whether

voluntarily limited his income. However, under section 440.15(3)(b)1, Fla. Stat. (1985), claimant must have

benefits, and Claimant met the burden set forth in section 440.15(1)(b), Florida Statutes (1989), "to establish

provides any support for such a reduction. Section 440.15(3)(b)7, Florida Statutes (1991), allows an

provisions of the Workers' Compensation Law. Section 440.15(1)(b) Florida Statutes, (Supp.1994) limits

recovery of wage loss benefits pursuant to section 440.15(3)(b), Florida Statutes, however, an employee

Workmen's Compensation Law [which appears now as Section 440.15(5), Subsequent Injury; Special Disability Fund]

Carr for "permanent impairment" benefits under Section 440.15(3)(a)1, which provides for a one-time payment

2d 204 (Fla. 1st DCA 1983) (the provision of section 440.15(3)(b)3.d., Florida Statutes (1979), which terminates

Lindsey's permanent disability benefits to Section 440.15(10), Florida Statutes (1979), which provides

Worker's Compensation Law[1] (the "Statute"), section 440.15(3)(a)(3),[2] dealing with "permanent impairment

impaired claimant absent voluntary limitation. § 440.15(3)(b)2, Florida Statutes. Although the record

denying catastrophic loss benefits pursuant to § 440.15(2)(b), Florida Statutes (1979), and denying attorney's

designed to be efficient and self-executing. See § 440.015, Fla. Stat. (1997). It cannot depend on an adversary's

Evaluation of Permanent Impairment[1] referred to in Section 440.15(3)(a)3, Florida Statutes (1979). We agree and

amendment to Florida's workmen's compensation law, section 440.15(10) of the Florida Statutes, permitting Florida

September 23 and, in the pro forma language of Section 440.15(4)(c), during the continuance of such disability;

that he or she is in fact totally disabled. Section 440.15(2)(a) of the Workers’ Compensation Law provides

practical purposes, useless. He now argues that Section 440.15(3)(a)1, Florida Statutes (1980), which limits

and defenses by employers and employees alike." § 440.015, Fla. Stat. (1993). In return for accepting vicarious

attorney's fee, supplemental benefits provided in section 440.15(1)(e)1. should not be included in the computation

administratively take the statutory offset. Section 440.15(10), Florida Statutes (1981). We find no error

failure to report pursuant to the newly amended section 440.15(3)(b)2., Florida Statutes (Supp. 1990). We

earnings for the accrued periods in question. Section 440.15(3)(b)2, Florida Statutes. That is the effect

earnings from July 23, 1980 to October 1, 1980. Section 440.15(3)(b)2, Fla. Stat. (1979) provides that if

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560

determined in accordance with the AMA Guides. § 440.15(3)(a)3, Fla. Stat. (1983). In other words, because

in section 440.02, Florida Statutes (1995). See § 440.15(1)(b), Fla. Stat. (1995). In the absence of one

frames for calculating wage loss benefits under section 440.15(3)(b)(2) are encountered when a claimant is

evidentiary predicate for certain determinations. Section 440.15(3)(a)3 provides that "the division shall establish

whose employ the subsequent injury occurred. F.S. § 440.15(5)(d) 6(a), F.S.A., provides as follows: "a. Special

that hernia claims are compensable only under section 440.15(6), Florida Statutes 1951, F.S.A.; that under

compensation award pursuant to the offset provision in section 440.15(9), Florida Statutes (1985). Wilcox contends

02(19), F.S. and the other is contained in Section 440.15(5) (c). Section 440.02(19) provides in part:

since permanent impairment benefits under section 440.15(3) do not require a claimant to establish disability

not to exceed 20% of the bi-weekly benefits. See § 440.15(12), Fla. Stat. (2008). In essence, the statute

thereafter paid impairment benefits pursuant to section 440.15(3)(a), Florida Statutes (1995), based on orthopedic

the claimant's deemed earnings pursuant to section 440.15(4)(b), Florida Statutes. The order contains

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560

"employee refuses employment" provisions of section 440.15(7), Florida Statutes (2001), when awarding

constituting injuries to the body as a whole under Section 440.15(3)(u), Florida Statutes.[1] Noting that scheduled

claimant's condition. The deputy interpreted Section 440.15(3)(a)2, Florida Statutes (1979),[2] as requiring

cross-appeal challenging the constitutionality of § 440.15(3)(b)3.d, Florida Statutes (1980 Supp.).[1] For

forfeiture of benefits under the defense found in section 440.15(6), Florida Statutes (2007). Here, the Judge

she left her employment "without just cause." § 440.15(7), Fla. Stat. (2004) ("If the employee leaves

pensation Act. See Fla. Stat. § 440.015. Under the no-fault system created by the Act

of the body as a whole. The last sentence in Section 440.15(3)(u), Florida Statutes 1978, defines "disability"

the e/c from December 1984 through June 1985. Section 440.15(10)(b) states that "unemployment compensation

compensation benefits for six weeks under F.S. Section 440.15(6), F.S.A. A hearing was held before the deputy

total disability be awarded." Fla. Stats. § 440.15(b)(1994)(em-phasis added). Turning to §

BENTON AND PADOVANO, JJ., concur. NOTES [1] Section 440.015, Florida Statutes (1994 Supp.), provides in

supplemental benefits to which she is entitled under Section 440.15(1)(e), Florida Statutes. We therefore affirm

the procedures to receive such benefits. See § 440.015, Fla. Stat. (1995) ("It is the intent of the Legislature

for the injury to her right knee, pursuant to § 440.15(3)(b), Florida Statutes; that this Court erred

claimant's ability to perform appropriate employment. § 440.15(3)(b), Fla. Stat. Id. at 412. In the present case

claims erred in disqualifying her, pursuant to section 440.15(4)(e), Florida Statutes (2004), based on the

delivery of benefits to the injured worker." § 440.015, Fla. Stat. (1995). AFFIRMED. BENTON and PADOVANO

wage loss, in light of the 1983 amendment to section 440.15(3)(b)2, Florida Statutes. On cross appeal,

to wage-loss benefits had terminated under section 440.15(3)(b)3.a., Florida Statutes (1981). If a claimant

compensation cases shall be decided on their merits." § 440.015, Florida Statutes (1994 Supp.). NOTES [1] Prior

reasonable cost to the employer." Fla. Stat. § 440.015 (2002). "Essentially, under this no-fault system

permanent physical impairment as required by Section 440.15(3)(b), Florida Statutes. The deputy, however

responsible for payment of these benefits. See § 440.15(5)(a), Fla. Stat. (1999) ("Compensation for temporary

prompt and cost-effective delivery of payments." § 440.015, Fla. Stat. (1997). Based upon the foregoing analysis

disability supplemental benefits, pursuant to section 440.15(1)(e)(1), Florida Statutes (1985). Claimant

applied the formula under the 1979 version of Section 440.15(4)(a), Florida Statutes. Instead, as appellees

number of years from the date of the accident. See § 440.15(1), Fla. Stat. (1987). At the time of the accident

be classified as a "scheduled injury" under Section 440.15(3), Florida Statutes, F.S.A., as an injury

of a wage-loss on a month-by-month basis. See § 440.15(3)(b)1, Fla. Stat. (Supp. 1980). AFFIRMED. ROBERT

proposition that the deputy is prohibited by section 440.15(5)(a), Florida Statutes (1983), from apportioning

that they were entitled to do so pursuant to the § 440.15(10)(a) offset provision. A hearing was held on

offset of social security benefits as provided by § 440.15(10), Florida Statutes (1979). That section specifically

Evaluation of Permanent Impairment, as required by Section 440.15(3), Florida Statutes (1979). However, we decline

is not an economic or administrative burden." § 440.015, Fla. Stat. Because the rights of the parties

that the standard for PTD is that set out in section 440.15(1)(b), Florida Statutes (1995): Only a catastrophic

defense and the misrepresentation provision of Section 440.15(5)(a), Florida Statutes (Supp. 1990), to deny

able to earn during temporary disability under § 440.15(4)(b), Florida Statutes, complies precisely with

exceeded his $1,118 monthly AWW. Dixon argued that section 440.15(10), Florida Statutes (Supp.1994), prevents

claimant suffered a catastrophic injury. Under section 440.15(1)(b), a claimant with a catastrophic injury

the Evaluation of Permanent Impairment. See Section 440.15(3)(a)(3), Florida Statutes. We agree and reverse

deputy of the "deemed earnings" provision of Section 440.15(3)(b)2., Florida Statutes (1979).[1] We decline

by design, are to be paid in real time. See § 440.015, Fla. Stat.(2007) (“It is the intent of the Legislature

for permanent benefits, since, pursuant to Section 440.15(5)(a), Florida Statutes, as between employers

workers' compensation order, contesting the award of § 440.15(3)(b), wage-loss benefits. We conclude that the

is sufficient to meet the burden imposed by section 440.15(3)(b)2, Florida Statutes (1987), as delineated

impairment for the loss of sight in one eye under Section 440.15(3)(a), Fla. Stat. (Supp. 1980). Appellant raises

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (2000). See also Turner v. PCR, Inc

substantial competent evidence for that view. Section 440.15(3)(b)(2), Florida Statutes (1979), states that

JJ., concur. ADKINS, J., dissents. NOTES [1] § 440.15(3)(a)1. provides: 1. In case of permanent impairment

Workers' Compensation Trust Fund pursuant to section 440.15(1)(e), Florida Statutes (1981). To partially

this question turns on the interpretation of Section 440.15(3)(u), F.S.A. The theory of the Workmen's Compensation

for that period is payable to his dependents. § 440.15(8), Fla. Stat. (1991). Accordingly, the order

causing temporary disability and/or wage loss, section 440.15(5)(c) and (d), Florida Statutes, provides a

carrier is that chapter 82-237, Laws of Fla., section 440.15(3)(a)1, Fla. Stat. (1982 Supp.), unconstitutionally

average weekly wage for purposes of offset under Section 440.15(10)(a), Florida Statutes,[1] and that the same

search to recover wage loss benefits pursuant to section 440.15, Florida Statutes (1981), but an employee "is

cases are to be decided on their merits. See § 440.015, Fla. Stat. (2013) (“It is the specific intent

award. There was no scheduled injury under Section 440.15(3)(m) or (s), Florida Statutes, since there

later by ch. 73-127, § 2, Fla.Laws. But compare § 440.15(10), F.S. 1975, which reduces workmen's compensation

supported by competent substantial evidence. Section 440.15(1)(b), *1056 Fla. Stat. (1979), in effect at

benefits payable for certain impairments under section 440.15(3), Florida Statutes. Since the claimant in

do even light work on an uninterrupted basis. § 440.15(1)(b), Fla. Stat. (1985); Carson v. Gaineswood