Davidson Lumber Co. v. Smith

District Court of Appeal of Florida

Davidson Lumber Co. v. Smith

390 So. 2d 1221, 1980 Fla. App. LEXIS 18181

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1980

DocketNo. TT-277

StatusPublished

Cited by2 cases

This text of 390 So. 2d 1221 (Davidson Lumber Co. v. Smith) 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.

Bluebook

Davidson Lumber Co. v. Smith, 390 So. 2d 1221, 1980 Fla. App. LEXIS 18181 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The employer/carrier appeals from a worker’s compensation order determining [1222]*1222the compensability of Appellee’s injuries and awarding him ten percent (10%) permanent partial disability of the lower left extremity. Appellee, in turn, cross-appeals the Deputy Commissioner’s determination of his average weekly wages and resultant compensation rate. We affirm as to the issues on appeal and reverse on the cross-appeal. Since Appellee had been employed less than thirteen weeks and there is no evidence of a similar employee’s wages, the calculation of Appellee’s average weekly wage should be based on the full-time weekly wages, including overtime, for the weeks that he did work. Section 440.14(4), Florida Statutes (1977); See Imperial Frame Corp. v. Santos, IRC Order 2-3043 (October 13, 1976). Our review of the record reveals an average weekly wage of $176.81 and a weekly compensation rate of $106.09.

Accordingly, the Deputy Commissioner’s order is modified to reflect an average weekly wage of $176.81 and a resultant weekly compensation rate of $106.09. Otherwise, the order is AFFIRMED.

ROBERT P. SMITH, Jr. and THOMPSON, JJ., and LILES, WOODIE A., Associate Judge (Retired), concur.

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PER CURIAM.

The employer/carrier appeals from a worker’s compensation order determining [1222]*1222the compensability of Appellee’s injuries and awarding him ten percent (10%) permanent partial disability of the lower left extremity. Appellee, in turn, cross-appeals the Deputy Commissioner’s determination of his average weekly wages and resultant compensation rate. We affirm as to the issues on appeal and reverse on the cross-appeal. Since Appellee had been employed less than thirteen weeks and there is no evidence of a similar employee’s wages, the calculation of Appellee’s average weekly wage should be based on the full-time weekly wages, including overtime, for the weeks that he did work. Section 440.14(4), Florida Statutes (1977); See Imperial Frame Corp. v. Santos, IRC Order 2-3043 (October 13, 1976). Our review of the record reveals an average weekly wage of $176.81 and a weekly compensation rate of $106.09.

Accordingly, the Deputy Commissioner’s order is modified to reflect an average weekly wage of $176.81 and a resultant weekly compensation rate of $106.09. Otherwise, the order is AFFIRMED.

ROBERT P. SMITH, Jr. and THOMPSON, JJ., and LILES, WOODIE A., Associate Judge (Retired), concur.

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Bluebook (online)

390 So. 2d 1221, 1980 Fla. App. LEXIS 18181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidson-lumber-co-v-smith-fladistctapp-1980.

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