JOHNNY HARGROVE, APPELLANT,
v.
OLSTEN TEMPORARY SERVICES AND CNA INSURANCE COMPANY, APPELLEES
JOHNNY HARGROVE, APPELLANT,
OLSTEN TEMPORARY SERVICES AND CNA INSURANCE COMPANY, APPELLEES
543 So. 2d 413
Florida District Court of Appeal, First District (1989)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Finding that the deputy commissioner erred in calculating claimant’s average weekly wage, we reverse and remand with instructions to recompute claimant’s average weekly wage based upon all actual wages from continuous and concurrent employment.
REVERSED AND REMANDED with instructions.
BOOTH, JOANOS and MINER, JJ., concur.
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Lark O'Sean Dupree v. State, 639 So. 2d 125 (Fla. 1st DCA 1994)…we have discovered has expanded this statutory exception to the hearsay exclusion rule to authorize admission of testimony reciting an out-of court statement by a non-victim witness in a case “involving] non-sexual child abuse.” Childress v. State, 543 So. 2d 413, 415 (Fla. 1st DCA 1989) (holding “that the trial court erred in allowing into evidence the hearsay statements of a four-year-old witness to the alleged child abuse”).5 No decision of the United States Supreme Court has upheld the use of a child’s…
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Bryant v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991)…nst a child), because this statute does not apply in this case. There were no allegations of sexual abuse, and this court has ruled that the unamended version of section 90.-803(23) does not apply to non-sexual child abuse cases. Childress v. State, 543 So. 2d 413 (Fla. 1st DCA 1989). We note that since the trial, section 90.803(23) has been amended to include statements made by victims of child abuse of a non-sexual nature. Ch. 90-174, s. 3, Laws of Florida. However, even under the amended version of the sta…