Flowers v. Acousti Engineering Co. of Florida

District Court of Appeal of Florida

Flowers v. Acousti Engineering Co. of Florida

888 So. 2d 735, 2004 Fla. App. LEXIS 18844, 2004 WL 2870001

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 2004

DocketNo. 1D03-0619

StatusPublished

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This text of 888 So. 2d 735 (Flowers v. Acousti Engineering Co. of Florida) 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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Flowers v. Acousti Engineering Co. of Florida, 888 So. 2d 735, 2004 Fla. App. LEXIS 18844, 2004 WL 2870001 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Reviewing de novo the interpretation of section 440.14(l)(a) & (l)(d), Florida Statutes (1987), which is a question of law, see BellSouth Telecomm, Inc. v. Meeks, 868 So.2d 287, 289 (Fla.2003), we conclude that the Judge of Compensation Claims correctly construed the statute in using Appellant/Claimant’s average weekly wage “at the time of the injury,” — i.e., the date of his 1988 industrial accident rather than the 2001 date when he was determined to be permanently, totally disabled — as the proper basis for computing compensation. See James v. Armstrong World Indus., Inc., 864 So.2d 1132 (Fla. 1st DCA 2003); Karnes v. City of Boca Raton, 858 So.2d 1264 (Fla. 1st DCA 2003).

AFFIRMED.

BROWNING, LEWIS and POLSTON, JJ., concur.

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PER CURIAM.

Reviewing de novo the interpretation of section 440.14(l)(a) & (l)(d), Florida Statutes (1987), which is a question of law, see BellSouth Telecomm, Inc. v. Meeks, 868 So.2d 287, 289 (Fla.2003), we conclude that the Judge of Compensation Claims correctly construed the statute in using Appellant/Claimant’s average weekly wage “at the time of the injury,” — i.e., the date of his 1988 industrial accident rather than the 2001 date when he was determined to be permanently, totally disabled — as the proper basis for computing compensation. See James v. Armstrong World Indus., Inc., 864 So.2d 1132 (Fla. 1st DCA 2003); Karnes v. City of Boca Raton, 858 So.2d 1264 (Fla. 1st DCA 2003).

AFFIRMED.

BROWNING, LEWIS and POLSTON, JJ., concur.

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888 So. 2d 735, 2004 Fla. App. LEXIS 18844, 2004 WL 2870001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flowers-v-acousti-engineering-co-of-florida-fladistctapp-2004.

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