FLORIDA TIMBER PRODUCTS, THE EMPLOYER, AND PROFESSIONAL ADMINISTRATORS, INC., ITS SERVICING AGENT, APPELLANT,
v.
FELTON WILLIAMS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida Timber Products appealed a workers' compensation average weekly wage calculation for an independent contractor-claimant. The court reversed, holding that depreciation of equipment purchases—not rental value—should be deducted as a business expense when calculating average weekly wage for independent contractors.
The court held that reasonable depreciation of equipment—both owned and being purchased—is the proper business expense to attribute to equipment when calculating average weekly wage. The reasonable rental value of equipment is not a proper basis for this calculation. In addition, other actual business expenses including labor, fuel, repairs, insurance, and other expenses for the applicable 13-week period should be deducted from gross receipts.
[1] The reasonable depreciation attributable to equipment, both owned and being purchased, is the proper business expense to be deducted from gross receipts when calculating…
[2] Payments made on a deferred basis for the purchase of equipment constitute a capital investment, not a deductible business expense for the purpose of calculating average…
Previewing 2 of 4 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“The lease or rental of business equipment from the employer or any other person is a business expense. The purchase of equipment on a deferred payment basis or the repayment of a loan to purchase equipment is not a business expense but a capital investment which under standard accounting procedures is depreciated over the reasonable life of the equipment.”
Establishes the distinction between lease/rental payments (business expenses) and equipment purchases (capital investments subject to depreciation)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFelton Williams was an independent contractor who ran a logging crew and sold timber to Florida Timber Products. He obtained workers' compensation cov…
The full statement of facts, procedural history, and disposition for this case are member content.
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THOMPSON, Judge.
The appellant Florida Timber Products contends the deputy commissioner (deputy) erred in calculating the claimant's average weekly wage (AWW). We agree and reverse.
The claimant is an independent contractor who runs a logging crew and sells timber to the appellant. Prior to the accident he elected to secure workers’ compensation coverage for himself pursuant to § 440.04(2), Fla.Stat., and obtained this insurance through appellant. Claimant furnishes all of the equipment, labor, fuel and other costs necessary to get his timber out of the woods and to the mill. He has legal title to all of his equipment although he still owes money on some equipment which he purchased from appellant. The claimant agreed to make payments of $150 per week for the equipment he was purchasing provided he produced enough wood and made enough money to be able to afford that amount. If for some reason claimant had a bad week the appellant would deduct some lesser amount from his check or nothing at all. During the 13 weeks prior to his accident, the claimant paid an average of only $29 per week on the equipment.
In defending the claim before the deputy, appellant urged that for purposes of calculating the AWW, the reasonable value of the use of claimant’s equipment should be considered a business expense and should be deducted from his gross weekly earnings. Appellant attempted to prove the reasonable value of the use of all of claimant’s equipment by proving its weekly rental value. Neither of the “expert” witnesses produced by appellant were in the equipment rental business and their testimony was objected to by the claimant. The deputy admitted all evidence and advised the parties that she would later determine which evidence was properly admissible and which was not. In her order she ruled that only the actual proven business expenses during the 13-week period preceding the accident should be deducted from claimant’s gross income in order to arrive at the AWW. Relying on Coles v. Gainesville Bonded Warehouse, 409 So. 2d 1205 (Fla. 1st DCA 1982), and Apholz v. North American Van Lines, 427 So. 2d 1094 (Fla. 1st DCA 1983) she placed the value of the use of all of claimant’s equipment at only $29 per week, which was the amount claimant actually paid' out for the equipment during the applicable 13-week period.
The Gainesville Bonded Warehouse and North American Van Lines cases are factually distinguishable and are not controlling in this case. Both of these cases involved a lease purchase of equipment. The lease or rental of business equipment from the employer or any other person is a business expense. The purchase of equipment on a deferred payment basis or the repayment of a loan to purchase equipment is not a business expense but a capital investment which under standard accounting procedures is depreciated over the reasonable life of the equipment. The reasonable rental value of the equipment is not a proper basis for determining the expense to be alloted to the equipment. The reasonable depreciation attributable to all equipment, both owned and being purchased by the claimant for the 13-week period prior to claimant’s accident, is the proper business expense to be attributed to the equipment. In addition, other expenses for the 13-week period including labor, fuel and repair bills, insurance and other various business expenses during the 13-week period prior to the accident should be deducted from claimant’s gross receipts in order to arrive at the proper averagé weekly wage.
REVERSED and REMANDED for further proceedings consistent with this opinion.
BOOTH and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mayflower Corp. & Crawford & Co. v. Davis, 655 So. 2d 1134 (Fla. 1st DCA 1994)…ne her actual wage. For instance, business expenses for a self-employed person may be handled differently depending on the business involved. Happle Solar Contractors v. Happle, 547 So. 2d 1035 (Fla. 1st DCA 1989); Florida Timber Prods, v. Williams, 459 So. 2d 422 (Fla. 1st DCA 1984) (depreciation of equipment constitutes an expense); Alterman Transp. Lines, Inc. v. Goetzman, 430 So. 2d 486 (Fla. 1st DCA 1983) (rental value of equipment should be deducted from wage). Thus, an accurate determination may not be…
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Happle Solar Contractors & State Farm Fire & Cas. Co. v. Happle, 547 So. 2d 1035 (Fla. 1st DCA 1989)…eek measuring period. As appellants point out, we have previously held that a determination of AWW for a self-employed claimant must include an offset for business expenses. We find that this case is governed by Florida Timber Products v. Williams, 459 So. 2d 422 (Fla. 1st DCA 1984). In Williams the claimant, Williams, was an independent contractor who ran a logging crew and sold timber to Florida Timber Products, which was the equivalent of Williams’ employer for workers’ compensation purposes. The claimant…
Authorities Cited
- Coles v. Gainesville Bonded Warehouse & Am. Ins. Co., 409 So. 2d 1205 (Fla. 1st DCA 1982)
- Apholz v. N. Am. van Lines & Liberty Mut. Ins. Co., 427 So. 2d 1094 (Fla. 1st DCA 1983)