Brooks v. First Scaffold & Equipment, Inc.

District Court of Appeal of Florida

Brooks v. First Scaffold & Equipment, Inc.

884 So. 2d 420, 2004 Fla. App. LEXIS 14267, 2004 WL 2169011

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 2004

DocketNo. 1D03-2956

StatusPublished

This text of 884 So. 2d 420 (Brooks v. First Scaffold & Equipment, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brooks v. First Scaffold & Equipment, Inc., 884 So. 2d 420, 2004 Fla. App. LEXIS 14267, 2004 WL 2169011 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Appellant/claimant urges us to reverse the determination by the Judge of Compensation Claims (JCC) of temporary indemnity benefits based on the lower average weekly wage in effect at the time of the second and third industrial accidents, relying on Pinellas County School Board v. Higgins, 597 So.2d 355 (Fla. 1st DCA 1992). We find that the holding in Higgins is limited to the facts of that particular situation, where two compensable accidents have merged to cause claimant’s permanent total disability. In the instant case, the claimant’s award of temporary benefits was properly determined utilizing the average weekly wage calculation contained in section 440.14(l)(a), Florida Statutes. The decision of the JCC is affirmed.

WOLF, C.J., KAHN and LEWIS, JJ., concur.

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PER CURIAM.

Appellant/claimant urges us to reverse the determination by the Judge of Compensation Claims (JCC) of temporary indemnity benefits based on the lower average weekly wage in effect at the time of the second and third industrial accidents, relying on Pinellas County School Board v. Higgins, 597 So.2d 355 (Fla. 1st DCA 1992). We find that the holding in Higgins is limited to the facts of that particular situation, where two compensable accidents have merged to cause claimant’s permanent total disability. In the instant case, the claimant’s award of temporary benefits was properly determined utilizing the average weekly wage calculation contained in section 440.14(l)(a), Florida Statutes. The decision of the JCC is affirmed.

WOLF, C.J., KAHN and LEWIS, JJ., concur.

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884 So. 2d 420, 2004 Fla. App. LEXIS 14267, 2004 WL 2169011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-first-scaffold-equipment-inc-fladistctapp-2004.

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