GREGORY MITTON, APPELLANT,
v.
ROHRER PERSONNEL AND RISCORP, APPELLEES
GREGORY MITTON, APPELLANT,
ROHRER PERSONNEL AND RISCORP, APPELLEES
629 So. 2d 1002
Florida District Court of Appeal, First District (1993)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The claimant appeals a workers’ compensation order, arguing that his average weekly wage should include earnings from concurrent employment. The judge denied the claim due to the wage definition in section 440.02(24), Florida Statutes (Supp.1990). The recent en banc decision in Vegas v. Globe Security, 627 So. 2d 76 (Fla. 1st DCA 1993), establishes that the wage definition in section 440.02(24) does not exclude concurrent earnings from the average weekly wage. The statute thus does not apply in this manner, and the claimant’s constitutional issues are therefore moot. In accordance with Vegas, the appealed order is reversed and the cause is remanded.
ALLEN, WOLF and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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We're Assocs. VI Ltd. P'ship v. Curzon Dev. Corp., 738 So. 2d 440 (Fla. 4th DCA 1999)…sue is a question of law that is subject to plenary review. This court has held that when receivership orders have been reversed, reversal is not with leave to consider other remedies on remand. See, e.g., Sharon Gardens Assocs., L.P. v. Florescue, 629 So. 2d 1002 (Fla. 4th DCA 1993)(reversing receivership order for failure to demonstrate insolvency or waste). The type of relief granted in the order below is not available unless specifically requested in a motion for temporary injunction and would be granted…
Authorities Cited
- Vegas v. Globe Sec. & CIGNA, 627 So. 2d 76 (Fla. 1st DCA 1993)