JOHN W. HANKS, APPELLANT,
v.
TOM BRANTLEY'S TIRE BROKER AND ORION GROUP, APPELLEES
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PER CURIAM.
This cause is before us on appeal from a workers’ compensation order denying inclusion of claimant’s tips in the calculation of his average weekly wage and denying his claim for attorney fees. We reverse on the first point, affirm on the second, and remand.
Section 440.02(21), Florida Statutes, defines “wages” to include tips received by an employee with knowledge of the employer. We hold that under this statute, when an employer has actual knowledge that gratuities are received by an employee, they are to be included in the calculation of average weekly wage unless the employer has established a reasonable reporting procedure with which the employee has failed to comply. Where a reasonable reporting procedure has been established, only those tips reported in compliance with the procedure may be included in the calculation.
Accordingly, we reverse and remand for proceedings not inconsistent with this opinion.
BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
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Value Rent A CAR v. Liccardo, 603 So. 2d 680 (Fla. 1st DCA 1992)…re to report tips to the Internal Revenue Service was not a bar to their inclusion in the calculation of average weekly wages. Sphnix Enterprises, Inc. v. Santa Cruz, 561 So. 2d 1348 (Fla. 1st DCA 1990). See also Hanks v. Tom Brantley's Tire Broker, 500 So. 2d 614, 615 (Fla. 1st DCA 1986) (where a reasonable reporting procedure has been established, only those tips reported in compliance with the procedure may be included in the calculation); Nash v. Holiday Inn at Calder, 395 So. 2d 306, 307 (Fla. 1st DCA 19…
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Preferred Aircraft Painting & CNA Ins. Cos. v. Duarte, 532 So. 2d 715 (Fla. 1st DCA 1988)…Citrus Products v. Tedder, 518 So. 2d 367 (Fla. 1st DCA 1987). Also, we find that the deputy [*717] did not err in the decision to include tips received by claimant in the calculation of average weekly wage. See Hanks v. Tom Brantley’s Tire Broker, 500 So. 2d 614 (Fla. 1st DCA 1986). Therefore, we affirm except as to one matter. We note that in the order the deputy found that claimant received an average of $100 weekly in tips. The record reveals that claimant testified he averaged $100 a month in tips for w…
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Sphnix Enters., Inc. v. Raydell Santa Cruz, 561 So. 2d 1348 (Fla. 1st DCA 1990)…d wages received by the claimant. In regard to the tips, it was uncontested that the employer had actual knowledge that the gratuities were received but had failed to establish a reasonable reporting procedure. Hanks v. Tom Brantley’s Tire Broker, 500 So. 2d 614 (Fla. 1st DCA 1987). These facts served to distinguish this case from the circumstances in Hyatt Hotel v. Peterson, 493 So. 2d 1063 (Fla. 1st DCA 1986). Failure to report tips to the IRS is not a bar to their inclusion in arriving at a correct avera…
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