Target Woodwork v. Atlantic Mutual Insurance Co.

In this workers’ compensation appeal, the Employer/Carrier (E/C) seeks review of an order of the Judge of Compensation Claims (JCC) wherein the JCC calculated Claimant’s average weekly wage (AWW) to include the value of health insurance benefits. Because those benefits had not yet vested at the time Claimant was injured, we reverse.

The parties agree that Claimant was injured on the 88th day of employment and his health insurance benefits were set to vest on his 90th day of employment. The case law on this topic is clear; “fringe benefits should not be included in the calculation of [AWW]…