Legal Opinion

Jackson v. Miami Herald

District Court of Appeal of Florida

Decided December 11, 1990No. 90-253PublishedCited by 2 opinions

1Opinion of the Court

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…

2Cases cited2 opinions

  1. Albertson's Inc. v. NataleDistrict Court of Appeal of Florida · 1990
  2. Eaton v. Pinebrook Place Health Care CenterDistrict Court of Appeal of Florida · 1987

3Cited by2 opinions

  1. Ellis v. City of FrostproofDistrict Court of Appeal of Florida · 1994
  2. Klug v. Popeye'sDistrict Court of Appeal of Florida · 1992

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