SELENA MCGRAW, APPELLANT,

v.

JJS INVESTMENTS AND ASSOCIATED INDUSTRIES OF FLORIDA PROPERTY & CASUALTY TRUST, APPELLEES

Citator

Cited By

• Wal-Mart Stores & Claims Mgmt., Inc. v. Campbell, 694 So. 2d 136 (Fla. 1st DCA 1997)
  …s understanding that the legislature intended exercise of the workers’ compensation adjudicator’s discretion under the catchall provision of section 440.14 to determine a “fair and reasonable” AWW. See Mauranssi v. Centerline Utilities Contract Co., 685 So. 2d 66 (Fla. 1st DCA 1996); Jackson v. Hochadel Roofing Co., 657 So. 2d 1266 (Fla. 1st DCA 1995); Blind v. It’s a Bit Fishy, 639 So. 2d 703 (Fla. 1st DCA 1994); Prestressed Decking Corp. v. Medrano, 556 So. 2d 406 (Fla. 1st DCA 1990); Adart South Polybag M…
• Stubbs v. BOB Dale Constr. & Fla. Preferred, 977 So. 2d 718 (Fla. 1st DCA 2008)
  …te this determination. Here, claimant worked an average of 36 hours a week in the year preceding his injury. Whether this equates to a full or part-time employment is a question of fact for the JCC. In Mauranssi v. Centerline Utilities Contract Co., 685 So. 2d 66, 68 (Fla. 1st DCA 1996), this court noted that: Section 440.14(l)(d), Florida Statutes (1995), requires that “full-time weekly wages of the injured employee” be the standard for calculating average weekly wages. The decided cases make clear, howeve…
• Able Body Temp. Servs. & United Self Insured Servs. v. Lindley, 867 So. 2d 499 (Fla. 1st DCA 2004)
  …kly wages of the injured employee shall be used” to calculate the AWW. For purposes of section 440.14(l)(d), case law clearly holds that a “full-time” work week need not be a 40-hour week. See generally Mauranssi v. Centerline Utils. Contract Co., 685 So. 2d 66, 68 (Fla. 1st DCA 1996). Claimant’s work week should be determined prospectively by using either the contract of employment or the actual earnings on the job where Claimant was working at the time of the injury. Id.; Orange-Co of Fla. v. Waldrop, 45…

Authorities Cited

• Mercy Hosp. & Multiline Claims Serv., Inc. v. Holmes, 679 So. 2d 860 (Fla. 1st DCA 1996)
• Myrle F. Belin v. Colin Mitchel, 679 So. 2d 860 (Fla. 1st DCA 1996)