JAMES A. FLOWERS, APPELLANT,
v.
ACOUSTI ENGINEERING COMPANY OF FLORIDA AND COMMERCIAL RISK MANAGEMENT, INC., APPELLEES
JAMES A. FLOWERS, APPELLANT,
ACOUSTI ENGINEERING COMPANY OF FLORIDA AND COMMERCIAL RISK MANAGEMENT, INC., APPELLEES
888 So. 2d 735
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Reviewing de novo the interpretation of section 440.14(l)(a) & (l)(d), Florida Statutes (1987), which is a question of law, see BellSouth Telecomm, Inc. v. Meeks, 868 So. 2d 287, 289 (Fla.2003), we conclude that the Judge of Compensation Claims correctly construed the statute in using Appellant/Claimant’s average weekly wage “at the time of the injury,” — i.e., the date of his 1988 industrial accident rather than the 2001 date when he was determined to be permanently, totally disabled — as the proper basis for computing compensation. See James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003); Karnes v. City of Boca Raton, 858 So. 2d 1264 (Fla. 1st DCA 2003).
AFFIRMED.
BROWNING, LEWIS and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rubin Rotstein v. Publix Supermarkets, Inc., 933 So. 2d 1256 (Fla. 1st DCA 2006)…d as of the date the contribution ended. The E/C responds by relying on case law holding that the AWW should be determined as of the date of injury, not the date when claimant’s employment terminated. See, e.g., Flowers v. Acousti Eng’g Co. of Fla., 888 So. 2d 735 (Fla. 1st DCA 2004); James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003); Karnes v. City of Boca Raton, 858 So. 2d 1264 (Fla. 1st DCA 2003). In each of the cited cases, this court directed the claimant’s AWW to be ascertained…
Authorities Cited
- James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003)
- Karnes v. City OF Boca Raton, 858 So. 2d 1264 (Fla. 1st DCA 2003)