HOLIDAY INN AND GENERAL ADJUSTMENT BUREAU, APPELLANTS,
v.
BARBARA POPE, APPELLEE
HOLIDAY INN AND GENERAL ADJUSTMENT BUREAU, APPELLANTS,
BARBARA POPE, APPELLEE
402 So. 2d 1303
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Holiday Inn and General Adjustment Bureau appeal the deputy commissioner’s order asserting four points as error. We affirm all points except the deputy commissioner’s computation of the claimant’s average weekly wage. In computing Pope’s average weekly wage, the deputy commissioner included $7.50 in tips which were not reported to the employer. Unreported wages may not be included in the wage computations. Section 440.02(12) Fla.Stat. (Supp.1978). Accordingly, we reverse and remand for recomputation of appellee’s average weekly wage.
MILLS, McCORD and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sears v. Viera, 440 So. 2d 49 (Fla. 1st DCA 1983)…e been expected to know that claimant had been receiving the tips. On the other hand, it was uncon-troverted that claimant had not reported the tips to the employer. Unreported wages may not be included in the wage computations. Holiday Inn v. Pope, 402 So. 2d 1303 (Fla. 1st DCA 1981). We now address claimant’s points on cross appeal. First, regarding the denial of penalties, there was shown no statutory exception applicable to the general rule outlined in section 440.20(7), Florida Statutes (1981). Therefore…
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Int'l House OF Pancakes & Am. Mut. Ins. Co. v. Lesli Ellis, 492 So. 2d 454 (Fla. 1st DCA 1986)…reduction of benefits under the circumstances.” He thereupon accepted the testimony of appellee that she earned $200.00 a week and based her entitlement [*456] to temporary total disability compensation upon that figure. Citing Holiday Inn v. Pope, 402 So. 2d 1303 (Fla. 1st DCA 1981) and section 440.-02(21), Florida Statutes, appellants urge that unreported wages may not be included in wage computations. Appellants also assert that the evidence in the record does not support the deputy commissioner’s finding…
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Gen. Repair Serv., Inc. v. McKENZIE, 577 So. 2d 619 (Fla. 1st DCA 1991)…Preferred Aircraft Painting v. Duarte, 532 So. 2d 715 (Fla. 1st DCA 1988); International House of Pancakes v. Ellis, 492 So. 2d 454 (Fla. 1st DCA 1986); Sears, Roebuck and Company v. Viera, 440 So. 2d 49 (Fla. 1st DCA 1983) and Holiday Inn v. Pope, 402 So. 2d 1303 (Fla. 1st DCA 1981). Note that, as of 1990, the gratuity question has been addressed in section 440.-02(24), Florida Statutes, which contains the definition of "wages” and provides that gratuities may be included in average weekly wage "to the exten…