Rotstein v. Publix Supermarkets, Inc.

Claimant appeals the Judge of Compensation Claims’ (JCC) order, which held the Employer/Carrier (E/C) correctly adjusted Claimant’s average weekly wage (AWW). The E/C adjusted Claimant’s AWW by valuing the employer-provided group health insurance as of January 29, 1987, the date of accident, rather than June 29, 2004, the date Claimant’s position as an employee terminated and provision of health insurance ceased.

It is well-established that a claimant’s AWW is calculated as of the date of the accident, not the date a claimant’s employment terminated as a result of the accident. See e.g.,…