Klug v. Popeye's

This cause is before us on appeal from an order of the judge of compensation claims (JCC). Claimant argues that the JCC erred in: (1) applying Section 440.-14(l)(f), Florida Statutes, to determine his average weekly wage; and (2) denying his claim for chiropractic treatment after the date he began receiving orthopedic care.

As to the first issue, application of subsection (l)(f) requires proof by competent, substantial evidence that: (1) claimant was a part-time worker at the time of injury; (2) claimant had adopted part-time employment as a customary practice; and (3) claimant would have…