ANNA BUONO, APPELLANT,
v.
ORANGE-CO OF FLORIDA, INC., AND PROTEGRITY SERVICES, INC., APPELLEES
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Court affirmed denial of permanent total disability benefits but reversed and remanded for recalculation of average weekly wage to account for claimant's raise in pay from the date of injury.
A claimant's average weekly wage must be calculated prospectively from the date of injury using the rate of pay on that date, requiring recalculation when a raise occurred during the initial weeks of work.
[1] A claimant's average weekly wage in workers' compensation must be calculated prospectively from the date of injury using the rate of pay on that date, requiring adjustmen…
Previewing 1 of 1 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“A claimant's AWW is required to be computed on a prospective basis from the date of the injury, which means the calculation must be based upon the claimant's rate of pay on the date of injury.”
Establishing the standard for calculating average weekly wage in workers' compensation cases.
Anna Buono was injured and worked nine weeks at varying pay rates, initially earning a lower wage for the first two weeks before receiving a raise.…
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PER CURIAM.
Anna, Buono appeals an order of the judge of compensation claims (JCC) denying her-request for permanent, total disability (PTD) benefits and for correction of her average weekly wage (AWW). Because we find competent, substantial evidence supports the denial of PTD benefits, we affirm as to this portion of the order, but we reverse and remand for recalculation of the AWW as applied to benefits already received, because the JCC failed to take her raise in pay into account.
A claimant’s AWW is required to be computed on a prospective basis from the date of the injury, which means the calculation must be based upon the claimant’s rate of pay on the date of injury. See Mauranssi v. Centerline Util. Contract Co., 685 So. 2d 66 (Fla. 1st DCA 1996). The JCC calculated Buono’s AWW for the nine weeks she worked based upon the amount of wages she actually received, including her first two weeks of pay at a lower rate. Under Mauranssi, her first two weeks of work must be recalculated to take her raise into account. Buono fails to show the JCC abused his discretion by using nine rather than eight weeks to calculate the AWW. AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings.
ERVIN, KAHN and POLSTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mauranssi v. Centerline Utils. Contract Co. & Claims Ctr., 685 So. 2d 66 (Fla. 1st DCA 1996)
- Selena McGRAW v. JJS Invs. & Associated Indus. of Fla. Prop. & Cas. Tr., 685 So. 2d 66 (Fla. 1st DCA 1996)