LINDA C. CONSTANZER, APPELLANT,
v.
STA RITE AND THE TRAVELERS INSURANCE CO., APPELLEES
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The court affirmed that group insurance premiums should be included in calculating average weekly wage but reversed the credit to the employer/carrier for post-injury premiums absent evidence of the claimant's voluntary acceptance with knowledge of the reduction in cash benefits.
Group insurance premiums must be included in calculating average weekly wage, but an employer/carrier cannot receive a credit for post-injury premiums without evidence the claimant voluntarily accepted such arrangement with knowledge it would reduce cash benefits.
[1] An employer/carrier seeking a credit for group insurance premiums paid after a compensable accident must establish that the claimant voluntarily accepted continued premiu…
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Join FLexlaw to unlock all legal intelligenceIn a worker's compensation case, the deputy commissioner included group insurance premiums and fringe benefits paid by the employer in the claimant's …
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PER CURIAM.
In this worker’s compensation case, the deputy commissioner included in claimant’s average weekly wage the value of group insurance premiums and other fringe benefits paid by the employer on behalf of claimant, but allowed the employer/carrier a credit for the amount of group insurance premiums paid subsequent to claimant’s compensable accident, thereby reducing the cash compensation benefits otherwise due claimant.
We affirm the deputy’s finding that the value of group insurance premiums should be included in calculating claimant’s average weekly wage; however, we reverse the allowance of a credit to the employer/carrier because there is no evidence that claimant voluntarily accepted continued payment of group insurance premiums with full knowledge that such acceptance would reduce his otherwise available cash benefits. Compare Daoud v. Matz, 73 So. 2d 51 (Fla.1954); Rucks Bros. Dairy v. Howard, 410 So. 2d 1353 (Fla. 1st DCA 1982); Reese v. Sewell Hardware Co., 407 So. 2d 965 (Fla. 1st DCA 1981); St. Vincent DePaul Society and Insurance Co. of North America v. William J. Smith and The Division of Worker’s Compensation, 8 FLW 1318 (Fla. 1st DCA, May 9, 1983).
We remand for entry of an appropriate order consistent herewith.
ROBERT P. SMITH, Jr., C.J., and WENTWORTH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Pardo v. SUN Supermarket & Crawford & Co., 510 So. 2d 1244 (Fla. 1st DCA 1987)…er/carrier was denied. We reverse, finding no “evidence that claimant voluntarily accepted continued payment of [fringe benefits] with full knowledge that such acceptance would reduce [her] otherwise available cash benefits”, Constanzer v. Sta Rite, 432 So. 2d 775, 776 (Fla. 1st DCA 1983), and finding further that the deputy commissioner did not determine whether there was a reasonable basis for an overpayment based on an incorrect average weekly wage. Appellant suffered a compensable injury August 25, 1984.…
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LeBLANC v. Harmon Contract Glazing & Liberty Mut. Ins. Co., 548 So. 2d 815 (Fla. 1st DCA 1989)…calculation and accordingly affirm. The fair market value of an employer contribution for group health insurance has been included in the calculation of an employee’s average weekly wage. See section 440.02(21), Fla.Stat.; Constanzer v. Sta Rite, 432 So. 2d 775 (Fla. 1st DCA 1983). However, the record reflects no contribution by or identifiable benefit to claimant’s employer from the group policy. Although claimant paid a lower premium than required for individual insurance by virtue of his membership in t…
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Reynolds v. Neisner Bros., Inc., 436 So. 2d 1070 (Fla. 1st DCA 1983)…W. The record discloses that Reynolds had been entitled to health insurance paid by the employer and we direct the deputy also to include the value of such fringe benefits in Reynolds’ AWW. See Constanzer v. Sta Rite and Travelers Insurance Company, 432 So. 2d 775 (Fla. 1st DCA 1983). REVERSED and REMANDED for further proceedings consistent with this opinion. MILLS and LARRY G. SMITH, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daoud v. Matz, 73 So. 2d 51 (Fla. 1954)
- Reese v. Sewell Hardware Co., Inc., 407 So. 2d 965 (Fla. 1st DCA 1981)
- Ruck's Bros. Dairy & Fla. Farm Bureau Ins. Co. v. Howard, 410 So. 2d 1353 (Fla. 1st DCA 1982)