OPHENE JONES, APPELLANT,
v.
SUNSHINE CLEANING SYSTEMS, INC. AND CNA INSURANCE COMPANIES, APPELLEES
Explore caselaw by topic → Browse Concurrent Employment cases and more on FLexlaw
PER CURIAM.
Ophene Jones appeals a workers’ compensation order applying Section 440.02(24), Florida Statutes (Supp.1990), and excluding consideration of concurrent employment in the determination of her average weekly wage. We affirm in part, reverse in part and remand for further proceedings.
Claimant’s compensable accident occurred on January 23, 1991, during the “window” period to which the 1990 amendments to chapter 440 apply. See Ballard v. Morning Star Construction, 629 So. 2d 322 (Fla. 1st DCA 1993) (citing Garcia v. Carmar Structural, Inc., 629 So. 2d 117 (Fla.1993)). The Judge of Compensation Claims, therefore, did not err in applying the 1990 amendments to Jones’ claim. The JCC erred, however, in his interpretation of the 1990 amendments. We reverse and remand for further proceedings in accordance with Vegas v. Globe Security, 627 So. 2d 76 (Fla. 1st DCA 1993). For this reason, it is not necessary to reach the constitutional issues.
AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.
ZEHMER, C.J., and MINER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Southwin, Inc. v. Verde, 806 So. 2d 586 (Fla. 3d DCA 2002)…6 (Fla.1980). “Determinations regarding the weight of the evidence or the credibility of witnesses are peculiarly within the province of the finder of fact and will not be disturbed on appeal.” M.A.B. v. Department of Health & Rehabilitative Servs., 630 So. 2d 1252, 1254 (Fla. 1st DCA 1994). See also Dreyfuss v. Dreyfuss, 701 So. 2d 437, 440 (Fla. 3d DCA 1997). After a complete review of the record before us, we conclude that the jury verdict was supported by the evidence and that the appellants have failed to…
-
Columbus Williams v. State, 256 So. 3d 954 (Fla. 1st DCA 2018)
-
McBride v. State (Fla. 1st DCA 2024)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vegas v. Globe Sec. & CIGNA, 627 So. 2d 76 (Fla. 1st DCA 1993)
- Garcia v. Carmar Structural, 629 So. 2d 117 (Fla. 1993)
- Ballard v. Morning Star Constr. & ERC, 629 So. 2d 322 (Fla. 1st DCA 1993)