SUNLAND TRAINING CENTER AND DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
BARBARA IRVING, APPELLEE
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PER CURIAM.
Claimant, at the time of her industrial injury, was receiving wages of $153.86 a week with the State of Florida contributing an amount equal to approximately 9% of her wages into a retirement fund. The deputy commissioner combined weekly wages and the amount contributed by the State into the fund and arrived at an average weekly wage of $167.20.
The sole issue on appeal is whether the deputy erred in computing claimant’s average weekly wage. The Florida Industrial Relations Commission was called upon to resolve the identical issue in Sunland Training Center v. Thomas, IRC Order 2-3917 (Sept. 19,1979). The Commission concluded that “[a]ny contributions made by the State toward claimant’s retirement could be regarded as compensation only if they had a real present-day value to claimant, that is, either he was free to withdraw funds at will or that vesting was assured.” The claimant meets neither of these contingencies. The order below is accordingly reversed and the deputy commissioner is directed to calculate claimant’s benefits based upon an average weekly wage of $153.86.
Reversed and remanded for the entry of an order consistent with this opinion.
McCORD, BOOTH and SHAW, JJ., concur.
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City OF Daytona Beach v. Amsel, 585 So. 2d 1044 (Fla. 1st DCA 1991)…he vesting of the benefits must be assured.” Munroe Regional Medical Center v. Ricker, 489 So. 2d 785, 788 (Fla. 1st DCA 1986), citing Smith v. Sunland Training Center, 455 So. 2d 1088 (Fla. 1st DCA 1984). See also Sunland Training Center v. Irving, 384 So. 2d 745 (Fla. 1st DCA 1980). Sick leave benefits may be included in the calculation if it is proven that under the contract of employment such benefits can vest or had vested, i.e., if the employee has “an immediate, fixed right of present or future enjoyme…
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Dell Smith v. Sunland Training Ctr. & Div. of Risk Mgmt., 455 So. 2d 1088 (Fla. 1st DCA 1984)…uckhalter v. University of Florida, 411 So. 2d 1327 (Fla. 1st DCA 1982), and Reese v. Sewell Hardware Co., 407 So. 2d 965 (Fla. 1st DCA 1981). See also City of Tampa v. Bartley, 413 So. 2d 1280 (Fla. 1st DCA 1982); Sunland Training Center v. Irving, 384 So. 2d 745 (Fla. 1st DCA 1980); Department of Health and Rehabilitative Services v. Ryan, 381 So. 2d 269 (Fla. 1st DCA 1980); and Sunland Training Center v. Thomas, IRC 2-3917 (1979). None of these cases considered the applicability or effect of section 440.14…
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Univ. OF Fla. & Div. of Risk Mgmt. v. Bowens, 677 So. 2d 942 (Fla. 1st DCA 1996)…funds at wall or the vesting of the benefits must be assured.’” City of Daytona Beach v. Amsel, 585 So. 2d 1044, 1047 (Fla. 1st DCA 1991). See also Vida Appliances, Inc. v. Gates, 416 So. 2d 1186 (Fla. 1st DCA 1982); Sunland Training Ctr. v. Irving, 384 So. 2d 745 (Fla. 1st DCA 1980). In Dubois Farms, Inc. v. Paul, 566 So. 2d 923 (Fla. 1st DCA 1990), however, this court interpreted the 1987 amendment to the subsection as follows: In section 440.02(21) [now 440.02(23) ], the Legislature included “any other co…
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