FRANK FAUST, JR., APPELLANT,
v.
SOUTHEASTERN CONTRACTING & DOOR SERVICE, ET AL., APPELLEES
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The court affirmed the denial of temporary partial disability benefits but reversed the determination of average weekly wage.
Claimant appealed a workers' compensation order that determined his average weekly wage and denied temporary total disability benefits. The deputy com…
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PER CURIAM.
Claimant appeals a workers’ compensation order establishing his average weekly wage and denying him temporary total disability benefits. We affirm in part and reverse in part.
As to claimant’s argument that the deputy erred in denying temporary partial disability benefits based on claimant’s failure to search for nonunion work, we affirm. Griffin v. Parrish Construction & Door Service, 409 So. 2d 62 (Fla. 1st DCA 1982).
In determining average weekly wage, the deputy combined claimant’s wages and union benefits for the thirteen weeks preceding his accident and divided the total by thirteen. This is the appropriate manner of determining average weekly wage under section 440.14(l)(a), Florida Statutes. It was inappropriate in this case, however, because claimant did not work “substantially the whole of 13 weeks” prior to his accident. The deputy’s calculations would have been appropriate if he had made a factual finding that claimant was a “part-time worker” within the meaning of section 440.14(l)(f), Florida Statutes; however, he failed to make such finding. Section 440.14(l)(f) requires that, in order to find an employee to be a part-time worker, it must be established that he (1) was a part-time worker at the time of his injury, (2) had adopted part-time employment as his customary practice, and (3) under normal working conditions, probably would have remained a part-time worker during the period of disability. We reverse the deputy’s order and remand for the above findings and a proper determination of average weekly wage.
AFFIRMED in part and REVERSED in part.
JOANOS, THOMPSON and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vegas v. Globe Sec. & CIGNA, 627 So. 2d 76 (Fla. 1st DCA 1993)…y, these factors shall be considered in arriving at his average weekly wages, (emphasis added) Thus, a true part-time worker is only entitled to have AWW computed on the basis of part-time earnings. Faust v. Southeastern Contracting & Door Service, 468 So. 2d 509 (Fla. 1st DCA 1985). Such a limited computation is exactly what would befall Ms. Vegas by virtue of the compensation order below, although no one has ever contended that she adopted part-time employment as her customary practice. Since section 440.1…
Authorities Cited
- Alvie Lee Griffin v. Parrish Constr. & Door Serv. & Kemper Ins. Co., 409 So. 2d 62 (Fla. 1st DCA 1982)