Milky Way Farms v. Stitt

WIGGINTON, Judge.

This is a workers’ compensation appeal from an order of the deputy commissioner awarding claimant “temporary partial or wage-loss” benefits from April 18, 1980, through August 1, 1980, and temporary total disability benefits for one day, February 12, 1981. We affirm as to the award of TTD benefits but reverse as to the award of “temporary partial or wage-loss” benefits.

Under either Section 440.15(3)(b) or 440.-15(4)(a), Florida Statutes (1979), benefits are determined on the basis of actual wage loss. Both sections place the burden on the employee to establish that any wage…