HOMESTEAD TOMATO PACKING AND FLORIDA FARM BUREAU INSURANCE COMPANIES, APPELLANTS,
v.
FLOYD DANIELS AND DIVISION OF WORKERS' COMPENSATION, APPELLEES
HOMESTEAD TOMATO PACKING AND FLORIDA FARM BUREAU INSURANCE COMPANIES, APPELLANTS,
FLOYD DANIELS AND DIVISION OF WORKERS' COMPENSATION, APPELLEES
420 So. 2d 109
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
MILLS, Judge.
The employer/carrier appeal a compensation order awarding temporary total disability, medical bills, costs, and attorney’s fees. We affirm.
There is competent substantial medical evidence to support the award of temporary total disability.
The deputy commissioner appropriately used § 440.14(l)(d), Florida Statutes (1979), in determining the average weekly wage of Daniels.
The deputy commissioner did the best he could given inadequate evidence due to the failure of the employer/carrier to produce employment records.
The employer/carrier’s argument does not reveal error in the award of attorney’s fees.
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
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City OF Hialeah & Alexsis, Inc. v. Jimenez, 527 So. 2d 936 (Fla. 1st DCA 1988)…er/servicing agent seeking to minimize claimant’s average weekly wage they should have presented such evidence if it exists. See Alterman Transport Lines Inc. v. Goetzman, 430 So. 2d 486 (Fla. 1st DCA 1983); cf., Homestead Tomato Packing v. Daniels, 420 So. 2d 109 (Fla. 1st DCA 1982). After the industrial injury claimant became self-employed, driving his own bus. In determining claimant’s post-injury earnings for an award of wage loss benefits pursuant to section 440.15(3)(b), Florida Statutes, the deputy ut…