ANDRZEJ NOWAK, APPELLANT,
v.
YMCA SOUTH COUNTY, AND FEISCO, APPELLEES
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ERVIN, Judge.
Appellant, Andrzej Nowak, appeals from a workers’ compensation order dismissing his claim for an increase in benefits arising from concurrent employmént. In dismissing the claim, the judge of compensation claims ruled, as a matter of law, that concurrent employment may not be included as a permitted claim under the provisions of Section 440.02(24), Florida Statutes (Supp.1990), which purport to exclude earnings from concurrent employment from the definition of “wages.” We reverse, based upon this court’s recent decision in Vegas v. Globe Security, 627 So. 2d 76 (Fla. 1st DCA 1993) (en banc), stating that the 1990 amendment to section 440.02(24) has no impact on the calculation of average weekly wage under Section 440.14(l)(a), Florida Statutes.
REVERSED and REMANDED for further proceedings.1
SMITH and BARFIELD, JJ., concur. . As a result of our disposition, we do not reach the remaining issues raised by appellant.
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Citator
Cited By
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Fontainebleau Hilton & United Self-Insured Servs. v. Baldomino, 630 So. 2d 1257 (Fla. 1st DCA 1994)…awarded temporary partial disability benefits beyond a certain date. We affirm. The determination of AWW is supported by our recent en banc decision in Vegas v. Globe Security, 627 So. 2d 76 (Fla. 1st DCA 1993). See also Nowak v. YMCA South County, 629 So. 2d 1083 (Fla. 1st DCA 1994). On the second issue, we find competent substantial evidence in the record to support the award of benefits based on wage-request forms covering the entire period of the award. AFFIRMED. SMITH, MINER and MICKLE, JJ., concur.…
Authorities Cited
- Vegas v. Globe Sec. & CIGNA, 627 So. 2d 76 (Fla. 1st DCA 1993)