Hopkins v. State, Department of Transportation

The claimant appeals a workers’ compensation order which determined his average weekly wage (AWW) and temporary partial disability (TPD) compensation award, and gave the employer credit for alleged over-payments of temporary total disability (TTD) compensation. We affirm in part and reverse in part.

We affirm the judge’s finding that the claimant’s pre-accident work delivering newspapers was not “concurrent employment” within the meaning of the Workers’ Compensation Act, and was therefore not includable in the AWW. Section 440.-02(ll)(d)l, Florida Statutes (1988 Supp.), excludes independent…