COMMERCIAL UNION ASSURANCE v. HYMAN

No. QQ-194.

379 So.2d 456 (1980)

COMMERCIAL UNION ASSURANCE CO. and Convalescent Care, Appellants, v. Mildred O. HYMAN, Appellee.

District Court of Appeal of Florida, First District.

February 6, 1980.


Attorney(s) appearing for the Case

B.C. Pyle of Whittaker, Pyle, Stump & Webster, Orlando, for appellants-cross appellees.

Jesse F. Sparks, Orlando, for appelleecross appellant.


PER CURIAM.

The employer/carrier appeals, and the claimant cross-appeals, a workers' compensation order, which we affirm except as to the award of permanent partial disability benefits based on diminution of wage earning capacity, and as to the amount of attorney's fee awarded.

Any consideration of wage earning capacity loss in this case is precluded by the claimant's complete failure to test her employability in the open labor market after reaching maximum...

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