A.C. ELECTRIC COMPANY AND FEISCO, APPELLANTS,
v.
ROGER KWITCHEN, APPELLEE
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The court held that an award for wage-loss benefits requires proper documentation of wages earned and benefits received for the period claimed.
Appellants appealed an order awarding wage-loss benefits. The deputy commissioner awarded benefits for a period where wage-loss forms were only filed …
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MILLS, Judge.
A.C. Electric Company and FEISCO (E/C) appeal an order of the deputy commissioner awarding Kwitchen wage-loss benefits. We affirm in part and reverse in part.
We affirm the deputy’s findings of Kwitchen’s entitlement to wage-loss benefits in that he met his burden of showing that his compensable physical limitation was a contributing causative factor to his wage-loss. See School Board of Manatee County v. Gambuzza, 510 So. 2d 992, 993 (Fla. 1st DCA 1987).
However, a portion of the award was made from 4 October 1986 to 27 January 1987. The record reflects that a wage-loss form was filed only for the period 4 October to 24 October 1986. As this court held in Old Cove Condo v. Curry, 511 So. 2d 666 (Fla. 1st DCA 1987) without such forms indicating the amount of wages, if any, actually earned by Kwitchen, and any other benefits that may have been received by him, it is impossible to determine accurately the amount of wage-loss benefits due. Old Cove at 669.
We therefore reverse the wage-loss award for the period from 25 October 1986 to 27 January 1987 and remand with directions that Kwitchen be required to complete and file benefit forms for that period. The deputy’s order is in all other respects affirmed.
SHIVERS and WIGGINTON, JJ., concur.
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Tradewinds Mfg. Co. & Fuqua Indus., Inc. v. COX, 541 So. 2d 667 (Fla. 1st DCA 1989)…s job search was found sufficient by the dc under the circumstances fails to take into account that without the wage loss forms it is impossible to determine the amount of wage loss benefits that were due to claimant. A. C. Electric Co. v. Kwitchen, 525 So. 2d 993, 994 (Fla. 1st DCA 1988); Old Cove Condo v. Curry, supra. Since the dc issued his order on May 12 and the benefit request forms were not received in his office until May 18, it seems to us that the propriety of the TPD award must be assessed as if n…
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Beck Hospitality & Fireman's Fund Ins. Co. v. Duke Gardner, 696 So. 2d 961 (Fla. 1st DCA 1997)…file TPD forms for the 20 hours he was medically restricted and to amend those forms which were filed to include his earnings throughout this period. See Southern Linen Supply v. Azinger, 528 So. 2d 31 (Fla. 1st DCA 1988); AC. Elec. Co. v. Kwitchen, 525 So. 2d 993 (Fla. 1st DCA 1988); Old Cove Condo v. Curry, 511 So. 2d 666 (Fla. 1st DCA 1987); Morris v. Metal Indus., 491 So. 2d 312 (Fla. 1st DCA 1986); Bay Steel Erections v. Chung, 458 So. 2d 31 (Fla. 1st DCA 1984). We reverse the award of interest on the T…
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Faust v. Se. Contracting & Feisco, 604 So. 2d 41 (Fla. 1st DCA 1992)…ost earnings were not causally related to the industrial injuries. On remand, the claimant should be permitted to submit the necessary forms, see Tradewinds Manufacturing Co. v. Cox, 541 So. 2d 667 (Fla. 1st DCA 1989); A.C. Electric Co. v. Kwitchen, 525 So. 2d 993 (Fla. 1st DCA 1988), and the JCC may hold further proceedings consistent with this opinion. AFFIRMED in part, REVERSED in part and REMANDED. SHIVERS and MINER, JJ., concur. ALLEN, J., concurs in part and dissents in part.…
Authorities Cited
- The OLD Cove Condo & W. Am. Ins. Co. v. Curry, 511 So. 2d 666 (Fla. 1st DCA 1987)
- Sch. Bd. OF Manatee Cnty. & Johns E. Co., Inc. v. Gambuzza, 510 So. 2d 992 (Fla. 1st DCA 1987)