AMF Powerboat Division v. Gilchrist

WIGGINTON, Judge.

Employer/carrier appeal from an order of the deputy commissioner awarding claimant temporary total disability benefits, medical treatment and expenses. The compensability of the injury is not at issue. Rather the issue is whether the deputy erred as a matter of law in his finding of a “similar employee,” pursuant to § ,440.14(l)(b), Florida Statutes (1979), in determining claimant’s average weekly wage. Upon reviewing the record, we answer that question in the affirmative.

The record indicates that at the time of the industrial injury, claimant had been employed as a laminator…