Lil' Champ Food Stores v. Ross

The employer and carrier (E/C) seek review of a workers’ compensation order which determined the claimant’s average weekly wage (AWW) and ordered reimbursement of amounts taken as an offset of the permanent total, disability (PTD) benefits paid based upon the federal social security disability benefits claimant was receiving. We reverse.

The claimant sought a determination of the correct AWW. The parties stipulated, and the judge of compensation claims (JCC) found, that the claimant had not worked substantially the whole of thirteen weeks immediately preceding the injury pursuant to section…