EDWARD S. MCKIBBEN, APPELLANT,

v.

HARDWARE MUTUAL CASUALTY COMPANY, A CORPORATION, APPELLEE

Citator

Cited By

• Penuel v. Cent. Crane Serv., 232 So. 2d 739 (Fla. 1970)
  …s (1) and (2), of § 440.14, Fla.Stat., F.S.A., could not be “reasonably and fairly” applied. This Court held that there was competent substantial evidence to support the finding of the Deputy and distinguished Adams v. Florida Industrial Commission, 110 So. 2d 455 (Fla.App.lst 1959) in that the Deputy Commissioner in the Adams case failed to find that Subsection (1) of § 440.14, Fla. Stat., F.S.A., could not be “reasonably and fairly” applied. The Adams case involved a fluctuation in wages according to the se…
• Ray v. Waymire, 174 So. 2d 404 (Fla. 1965)
  …ature itself has in effect already announced that it is. The discretion of the deputy does not enter the picture unless the specific standard fixed by the Legislature cannot otherwise be met. Adams v. Florida Industrial Commission, et al., Fla.App., 110 So. 2d 455, appeal dismissed, Fla., 115 So. 2d 417. When Section 440.14(3), supra, is brought into play the deputy should specifically find as a condition that the other methods cannot “reasonably and fairly” be employed. Miami Beach Awning Co. v. Socalis, Fl…
• Coles v. Gainesville Bonded Warehouse & Am. Ins. Co., 409 So. 2d 1205 (Fla. 1st DCA 1982)
  …ensable accident, his or her average weekly wage for that period shall be computed pursuant to Section 440.14(1)(a), Florida Statutes (1977). Silver Springs, Inc. v. Scardo, 408 So. 2d 844 (Fla. 1st DCA 1982); Adams v. Florida Industrial Commission, 110 So. 2d 455 (Fla. 1st DCA 1959). This particular method of computation must be used regardless, of whether the claimant is working during a slack or busy period of time. See Waymire v. Florida Industrial Commission, 174 So. 2d 404 (Fla.1965). Therefore, the dep…

Authorities Cited

• Fink v. Ira L. Powsner, 108 So. 2d 324 (Fla. 3d DCA 1958)
• Seaview Awning Shutters OF Miami, Inc. v. E. M. Eisfield, Inc., 106 So. 2d 597 (Fla. 3d DCA 1958)