McNeil v. Progressive Driver Services

ERVIN, Judge.

The appellant/claimant in this workers’ compensation case appeals that portion of an order by the deputy commissioner (dc), reducing the amount of wage-loss benefits that claimant is entitled to receive by application of the “deemed earnings” provision, Section 440.15(3)(b)2, Florida Statutes. We find no basis for reducing claimant’s wage-loss benefits by the use of such rationale and reverse.

Claimant, while employed as a tractor/trailer driver, was injured on December 6, 1982. Dr. Rosabal, the treating orthopedic surgeon, diagnosed claimant as having an inoperable disk problem…