City of Clearwater v. Kohout

This appeal arises from an order of the judge of compensation claims (“JCC”) determining the amount of Claimant’s average weekly wage (“AWW”) by including the value of the employer’s contributions to an in-line-of-duty pension plan and the value of Claim*488ant’s sick leave accrued, but not used. Finding no error by the JCC, we affirm.

The JCC relied on our decision in City of Tampa v. Bartley, 413 So.2d 1280 (Fla. 1st DCA 1982), to include in the calculation of Claimant’s AWW the value of the City’s contributions to the in-line-of-duty disability pension. The JCC found that under the conditions…