Legal Opinion

Pate v. Maddox Foundry & Machine Works

District Court of Appeal of Florida

Decided January 28, 1982No. XX-481PublishedCited by 2 opinions

1Opinion of the Court

McCORD, Judge.

In this worker’s compensation appeal, Pate contends the deputy commissioner erred in computing his average weekly wage and in determining the date on which the carrier should be allowed to claim an offset against social security benefits. We agree and reverse.

Both parties agree that the deputy’s figure of $251.71 for Pate’s average weekly *525wage was incorrect. The carrier maintains that the error was merely mathematical, and it advances $258.87 as the correct amount. Pate, however, asserts that the deputy improperly excluded vacation benefits and further erred by failing to use an…

2Cases cited2 opinions

  1. DEPT. OF TRANSP., DIVISION OF RISK v. LindseyDistrict Court of Appeal of Florida · 1980
  2. Thomas v. Sunland Training CenterDistrict Court of Appeal of Florida · 1982

3Cited by2 opinions

  1. Vida Appliances, Inc. v. GatesDistrict Court of Appeal of Florida · 1982
  2. Hirschensohn v. PersonnelDistrict Court of Appeal of Florida · 1984

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