Legal Opinion

Hilton v. Coral Springs Honda

District Court of Appeal of Florida

Decided December 19, 1990No. 89-2226PublishedCited by 1 opinion

1Opinion of the Court

SMITH, Judge.

In this appeal of a workers’ compensation claim, appellant argues his average weekly wage was incorrectly calculated. We agree and reverse.

Appellant, ten weeks after commencing his employment, suffered an industrial accident while working as a sales representative at Coral Springs Honda. The E/C paid TTD benefits based on an AWW of $338.74. Appellant filed a claim for an increase in AWW to approximately $500.

Following a hearing, the JCC determined that the only fair and reasonable way to determine AWW was to use appellant’s actual earnings. In so finding, the JCC rejected the…

2Cases cited2 opinions

  1. Coleman v. Burnup & Sims, Inc.Supreme Court of Florida · 1957
  2. Carvell v. Caviness Motor Co.District Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. Sonny Glassbrenner, Inc. v. DowlingDistrict Court of Appeal of Florida · 2005

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