Mendzee v. National Roofing Co.

WENTWORTH, Judge.

The claimant in this workers’ compensation case appeals that portion of the deputy commissioner’s order which determines his average weekly wage (AWW). We reverse and remand.

The figure found by the deputy is the average of claimant’s earnings for the thirteen weeks prior to his injury, resulting from apparent application of § 440.14(l)(a), Florida Statutes. Section 440.14(l)(a) is to be utilized in determining an AWW when a *842claimant has worked “during substantially the whole of 13 weeks immediately preceding the injury.” Since claimant in this case worked only seven of the 13…