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SUNLAND CENTER AT MIAMI v. GILBERT

No. AR-293.

440 So.2d 26 (1983)

SUNLAND CENTER AT MIAMI and Crawford & Company, National Loss Control Service Corp., Appellants, v. Clara GILBERT and the Division of Workers' Compensation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 1, 1983.

Attorney(s) appearing for the Case

Robert H. Gregory, Miami, for appellants.

Joseph J. Finkelstein of Pelzner, Schwedock, Finkelstein & Klausner, P.A., Miami, for appellees.

ROBERT P. SMITH, Jr., Judge.

We find in Dr. Dennis' testimony and reports substantial competent evidence that, due to her 1976 and 1978 industrial accidents, claimant is unable in the physician's opinion to return to work. Claimant's attempts at employment, which she abandoned due to pain associated with her industrial injuries, might properly have been regarded by the deputy not as evidence of her employability but as evidence of her inability to work, excusing a...

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