Waymire v. Florida Industrial Commission

THORNAL, Justice.

We have for review an order of the Florida Industrial Commission which affirmed an order of a deputy commissioner awarding certain compensation benefits.

We must decide whether the “average weekly wage” of an employee who is paid by commissions which fluctuate in amount, but who has worked full time, is determined by the amount of commissions paid, during the 13 weeks immediately preceding the injury.

Claimant Waymire suffered a compensa-ble back injury on September 26, 1960. He was paid certain benefits which he did not consider sufficient. He filed claims for additional…