State Department of Transportation v. Houlihan

WENTWORTH, Judge.

Employer/carrier appeal a workers’ compensation order and allege that the deputy erred in the determination of claimant’s compensation rate. We conclude that the deputy did err by utilizing an inapplicable statute.

Section 440.15(2)(a), Florida Statutes (1978), provides that, for temporary total disability, a claimant is entitled to 60% of his average weekly wage. In 1979 the legislature amended this provision so that a claimant is now entitled to 66%% of his average weekly wage, and it was initially provided that the 1979 amendments to Chapter 440 would have an effective date…