Florida Workers' Compensation Court - Rules Employer has Burden in Limitation of Income Defense
Florida's First District Court of Appeals in the case of Whitaker v. North American Tank Lines, Inc. ruled that where an employer/carrier defends a workers' compensation claims for temporary wage benefits based upon the defense that the claimant voluntarily limited his or her income the employer/carrier then has the burden of proving that at least one job existed within the injured worker's limitations.
In this case the injured worker attempted to return to work in his job as a tanker truck driver but due to the physical limitations caused by his workers compensation accident he was unable to perform the work assigned to him and the injured worker "voluntarily left his job."
Based upon the ruling in Myers v. Hillsborough County School Board, 911 So.2d 851 the court ruled that the voluntary limitation of income defense failed because the employer/carrier failed to prove that at least one job existed within the injured worker's limitations. For the same reason that defense failed in this case.
