DAVIDSON LUMBER COMPANY AND AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
WILLIE DWIGHT SMITH, APPELLEE
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The court affirmed the compensability of injuries and permanent partial disability but reversed the calculation of average weekly wages and compensation rate.
An employee suffered injuries, and the employer/carrier appealed the determination of compensability and disability. The employee cross-appealed the c…
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PER CURIAM.
The employer/carrier appeals from a worker’s compensation order determining the 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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Fla. Cast Stone & Royal Globe Ins. Co. v. Dehart, 418 So. 2d 1271 (Fla. 1st DCA 1982)…ing his injury, into the total wages earned in those seven weeks. In those two additional and more remote weeks claimant worked little and earned comparatively little. In support of its contention the carrier cites Davidson Lumber Company v. Smith, 390 So. 2d 1221 (Fla. 1st DCA 1980), itself citing Imperial Frame Corporation v. Santos, IRC Order 2-3043 (Oct. 13, 1976), cert. den., 345 So. 2d 423 (Fla. 1977). But it does not appear that the carrier cited those decisions to the deputy, nor that the carrier urge…
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Cody v. United Parcel Serv. & Liberty Mut. Ins., 681 So. 2d 876 (Fla. 1st DCA 1996)…de whether section 440.14(l)(a) is applicable. If it is not, the JCC is required to calculate Cody’s AWW as a result of his unique employment situation. Florida Cast Stone v. Dehart, 418 So. 2d 1271 (Fla. 1st DCA 1982); Davidson Lumber Co. v. Smith, 390 So. 2d 1221 (Fla. 1st DCA 1980). AFFIRMED IN PART, REVERSED IN PART and REMANDED for further proceedings consistent with this opinion. ERVIN, KAHN and BENTON, JJ., concur.…