SEA WORLD OF FLORIDA AND THE HARTFORD INSURANCE GROUP, APPELLANTS/CROSS-APPELLEES,
v.
SCOTT ANDERSON, APPELLEE/CROSS-APPELLANT
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In a workers' compensation case, the court affirmed the inclusion of endorsement contract income from Master Craft Boats in the injured water skier's average weekly wage calculation, and affirmed the exclusion of tournament winnings due to lack of proper documentation. The decision resolved disputes about how to compute average weekly wage for an employee with multiple income sources.
The court affirmed that the Master Craft endorsement income should be included in the average weekly wage because Anderson's promotional activities for Master Craft constituted concurrent employment rather than professional athletics, and the wages from both employers were properly combined. The court also affirmed the exclusion of tournament winnings because Anderson failed to meet the statutory requirement to document prior earnings with W-2 forms, wage statements, or tax returns.
[1] Income from an endorsement contract requiring promotional activities and appearances, even for a professional athlete, can be considered concurrent employment for the pur…
[2] Income from professional athletic tournaments is considered 'seasoned income' for the purpose of calculating average weekly wage in workers' compensation.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Anderson's duty to Master Craft 'was not the kind of work or labor particularly associated with [professional water skiing], but was an additional activity imposed upon him by the employer and to the employer's substantial benefit.'”
Establishes that endorsement work is promotional rather than athletic and qualifies as concurrent employment for wage computation purposes.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceScott Anderson, a professional water skier employed by Sea World, had a concurrent endorsement contract with Master Craft Boats requiring him to use t…
The full statement of facts, procedural history, and disposition for this case are member content.
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MILLS, Judge.
In this workers’ compensation action, the employer/carrier appeals the inclusion of income from an endorsement contract in claimant’s average weekly wage. The claimant cross-appeals the exclusion of previous tournament winnings in his average weekly wage computation. We affirm the order on both points.
Scott Anderson, claimant, is a professional water skier. He was employed by Sea World to perform in their ski shows. Anderson also had an endorsement contract with Master Craft Boats. He was required to use Master Craft products and to appear in Master Craft sponsored events, dealer seminars, and boat shows. In return, Master Craft provided Anderson with a boat and trailer, skis, and a monthly salary. Additionally, Anderson participated annually in ski tournaments and clinics. In the 1979 tournament season, from June to November, he had won several cash prizes. He had no tournament earnings in the thirteen weeks prior to the accident. While jumping for Sea World on 19 June 1980, Anderson fell and fractured his neck. The only issue at the hearing on his claim was the appropriate average weekly wage.
The employer/carrier contends that the endorsement income should have been excluded as income from professional athletics or self-employment income. We need not determine whether water skiing is professional athletics under the Workers’ Compensation Act for we find Anderson’s activities for Master Craft to be entirely promotional and not athletic. We reason here, as we did in Miles v. Montreal Baseball Club, 379 So. 2d 1325 (Fla. 1st DCA 1980), that Anderson’s duty to Master Craft “was not the kind of work or labor particularly associated with [professional water skiing], but was an additional activity imposed upon him by the employer and to the employer’s substantial benefit.” Id. at 1326. The Master Craft contract was employment within the meaning of the act and is appropriately treated as concurrent employment. The conclusion that Anderson performed substantially the same service for both Master Craft and Sea World is supported by the record. The two wages were properly combined to determine average weekly wage. J.J. Murphy and Son, Inc. v. Gibbs, 137 So. 2d 553 (Fla.1962).
In his cross-appeal, Anderson claims that his income from ski tournaments and clinics should have been included in his average weekly wage as “seasoned income.” Section 440.14(l)(c), Florida Statutes. He, however, wholly failed to meet the statutory requirement that he “must document prior earnings with W-2 forms, written wage statements, or income tax returns.” For this reason, the deputy commissioner’s order is also affirmed on this point. We note that the possibility of Anderson having actually lost tournament winnings is speculative.
For the above reasons, the order of the deputy commissioner is affirmed and appel-lee/cross-appellant is granted fees of $1,250.
AFFIRMED.
ERVIN, C.J., and LARRY G. SMITH, J., concur.
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Citator
Authorities Cited
- J. J. Murphy & SON, Inc. v. Gibbs, 137 So. 2d 553 (Fla. 1962)
- Miles v. Montreal Baseball Club & Commercial Union Assurance Cos., 379 So. 2d 1325 (Fla. 1st DCA 1980)