Taylor v. Labor Finders

In this workers’ compensation case, the Judge of Compensation Claims (JCC) adopted as the claimant’s average weekly-wage (AWW) the determination of the employer/earrier (E/C) that such should be based on a 20-hour workweek. Nothing in the record supports this determination, however. The parties agree that the claimant had worked 32 hours during his four days of employment and that section 440.14(l)(d), Florida Statutes (2003), governs the calculation of the AWW in this case. Similar to the situation in Able Body Temporary Services v. Lindley, 867 So.2d 499 (Fla. 1st DCA 2004), we find the JCC…