Thomas-Johnston v. Publix Supermarkets, Inc.

District Court of Appeal of Florida

Thomas-Johnston v. Publix Supermarkets, Inc.

721 So. 2d 1235, 1998 Fla. App. LEXIS 15974, 1998 WL 885012

CourtDistrict Court of Appeal of Florida

DecidedDecember 21, 1998

DocketNo. 98-1275

StatusPublished

Cited by1 cases

This text of 721 So. 2d 1235 (Thomas-Johnston v. Publix Supermarkets, 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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Thomas-Johnston v. Publix Supermarkets, Inc., 721 So. 2d 1235, 1998 Fla. App. LEXIS 15974, 1998 WL 885012 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We approve the calculation of Ms. Thomas-Johnston’s average weekly wage on the basis of the pay she received for the six full [1236]*1236weeks she worked before the accident. Because she had not worked the thirteen weeks immediately preceding the accident, section 440.14(1)(d), Florida Statutes (1989), applies. See Mauranssi v. Centerline Utils. Contract Co., 685 So .2d 66, 68 (Fla. 1st DCA 1996); Jackson v. Hochadel Roofing Co., 657 So.2d 1266, 1267-68 (Fla. 1st DCA 1995). We reverse and remand, however, because we agree with Ms. Thomas-Johnston’s contention that the evidence supports a finding that her average weekly wage was $225, based on the methodology the judge of compensation claims adopted.

Reversed and remanded.

BOOTH, BENTON and VAN NORTWICK, JJ., Concur.

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PER CURIAM.

We approve the calculation of Ms. Thomas-Johnston’s average weekly wage on the basis of the pay she received for the six full [1236]*1236weeks she worked before the accident. Because she had not worked the thirteen weeks immediately preceding the accident, section 440.14(1)(d), Florida Statutes (1989), applies. See Mauranssi v. Centerline Utils. Contract Co., 685 So .2d 66, 68 (Fla. 1st DCA 1996); Jackson v. Hochadel Roofing Co., 657 So.2d 1266, 1267-68 (Fla. 1st DCA 1995). We reverse and remand, however, because we agree with Ms. Thomas-Johnston’s contention that the evidence supports a finding that her average weekly wage was $225, based on the methodology the judge of compensation claims adopted.

Reversed and remanded.

BOOTH, BENTON and VAN NORTWICK, JJ., Concur.

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721 So. 2d 1235, 1998 Fla. App. LEXIS 15974, 1998 WL 885012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-johnston-v-publix-supermarkets-inc-fladistctapp-1998.

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