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R.J. NICOLLI PAINTING CO., INC. v. POTTS

No. AU-21.

447 So.2d 371 (1984)

R.J. NICOLLI PAINTING CO., INC., and CNA Insurance Group, Appellants, v. Edward POTTS, Appellee.

District Court of Appeal of Florida, First District.

March 13, 1984.

Attorney(s) appearing for the Case

Bernard J. Zimmerman of Zimmerman, Shuffield, Kiser & Sutcliffe, Orlando, for appellants.

W. Gregory Lockeby of Walker, Buckmaster, Miller & Ketcham, Orlando, for appellee.

JOANOS, Judge.

In this appeal from a workers' compensation order, appellants argue that they should not be required to pay wage loss benefits when claimant restricts his work search to union jobs only. We agree and reverse the deputy commissioner's order.

Claimant's restriction of his work search to union jobs only precludes an award of wage loss benefits, as an award of compensation requires a claimant to show that he has tested his employability in the open...

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