Orange County School Board v. Muscanell

KAHN, Judge.

In this workers’ compensation case, the Judge of Compensation Claims (JCC) found that the claimant, Maureen Muscanell, was entitled to have vested sick leave included in her average weekly wage (AWW). Because the workers’ compensation law now severely limits fringe benefits, and cannot be read to include sick leave as an element of AWW, we reverse.

Muscanell was employed by the Orange County School Board as a bus driver when she suffered a compensable injury on December 8, 1995. At issue in the hearing below was whether Muscanell’s vested sick leave, earned during the 13 weeks…