VERONICA JACKSON, APPELLANT,
v.
THE MIAMI HERALD AND TRAVELERS INS. CO., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this workers' compensation appeal, the Florida District Court of Appeal reversed the denial of a wage adjustment for an injured part-time worker, finding that the judge of compensation claims failed to make the required statutory findings before classifying the claimant as a part-time employee for average weekly wage purposes.
The court reversed because the JCC failed to make the three required statutory findings to classify Jackson as a part-time worker: (1) that she was a part-time worker at the time of injury; (2) that she had adopted part-time employment as a customary practice; and (3) that she would have remained a part-time worker during her disability period. The record did not support a finding that she had adopted part-time employment as a customary practice, and the case was remanded for further findings.
[1] A judge of compensation claims must make specific statutory findings regarding three factors to classify a worker as part-time for the purpose of setting an average weekl…
[2] To establish a worker as part-time, a judge of compensation claims must find that the claimant was a part-time worker at the time of the injury.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order for a worker to be classified as a part-time worker for the setting of an average weekly wage, the JCC must find that each of the following three factors has been established by competent, substantial evidence: 1) that claimant was a part-time worker at the time of the injury; 2) that claimant has adopted part-time employment as a customary practice; and 3) that claimant would have remained a part-time worker during the period of the disability.”
Establishes the three-factor test that must be satisfied with competent, substantial evidence before classifying a worker as part-time for wage purposes.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceVeronica Jackson was employed by the Miami Herald as a part-time customer service office worker for two weeks before sustaining a compensable injury. …
The full statement of facts, procedural history, and disposition for this case are member content.
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WENTWORTH, Judge.
Claimant seeks review of the denial of her claim for an adjustment to her average weekly wage. We find that the judge of compensation claims (JCC) failed to make the requisite statutory findings before determining claimant’s status as a part-time worker and setting her average weekly wage accordingly, and reverse.
In order for a worker to be classified as a part-time worker for the setting of an average weekly wage, the JCC must find that each of the following three factors has been established by competent, substantial evidence: 1) that claimant was a part-time worker at the time of the injury; 2) that claimant has adopted part-time employment as a customary practice; and 3) that claimant would have remained a part-time worker during the period of the disability. Albertson’s Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990).
In the case at bar, claimant’s work history in the eight years prior to her acceptance of employment with the Miami Herald shows that her customary work practice had been to engage in full-time office employment. Although the parties agree that claimant was employed by the Miami Herald as a part-time customer service office worker for the two weeks preceding her compensable injury, claimant testified that she sought full-time employment with the Herald and accepted part-time employment only “to get her foot in the door.” The record contains a form completed by her on which she indicated acceptability of either permanent or temporary and full or part time work. She also stated that she was informed, upon first accepting part-time employment there, that “if things worked out,” she could commence full-time employment with the Herald. No evidence was offered by the Herald to rebut this testimony. Because the record before us does not dictate a conclusion that at the time of the accident claimant had adopted part-time employment as a customary practice, we remand for further findings on this issue and consequent reconsideration of claimant’s average weekly wage. Eaton v. Pinebrook Place Health Center, 506 So. 2d 1148 (Fla. 1st DCA 1987).
Reversed and remanded for further consistent proceedings.
JOANOS and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ellis v. City OF Frostproof & Ins. Servicing & Adjusting, 642 So. 2d 113 (Fla. 1st DCA 1994)…are satisfied, and it thus does not pertain to a worker who has not adopted part-time employment as a customary practice, and who probably would not have remained a part-time worker throughout the period of disability. E.g., Jackson v. Miami Herald, 571 So. 2d 71 (Fla. 1st DCA 1990); Eaton v. Pinebrook Place Health Care Center, 506 So. 2d 1148 (Fla. 1st DCA 1987). In Jackson and Eaton the workers’ intent and prior work history provided compelling evidence which negated these factors, so as to preclude applic…
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Klug v. Popeye's & Executive Risk Consultants, Inc., 593 So. 2d 1228 (Fla. 1st DCA 1992)…that: (1) claimant was a part-time worker at the time of injury; (2) claimant had adopted part-time employment as a customary practice; and (3) claimant would have remained a part-time worker during the period of disability. Jackson v. Miami Herald, 571 So. 2d 71, 72 (Fla. 1st DCA 1990); Richardson v. Morrell’s, 570 So. 2d 1076, 1077 (Fla. 1st DCA 1990); Albertson’s, Inc. v. Natale, 555 So. 2d 946, 948 (Fla. 1st DCA 1990); Eaton v. Pinebrook Place Health Care Center, 506 So. 2d 1148, 1149 (Fla. 1st DCA 1987)…
Authorities Cited
- Smith v. State, 555 So. 2d 946 (Fla. 5th DCA 1990)
- Eaton v. Pinebrook Place Health Care Ctr. & Crawford & Co., 506 So. 2d 1148 (Fla. 1st DCA 1987)