Denny's Restaurant v. Bell

ALLEN, Judge.

The employer/carrier appeal a workers’ compensation order by which unreported tips were included in the average weekly wage computation. The employer/carrier contend that this is contrary to the written reporting requirement in section 440.02(24), Florida Statutes (Supp.1990). We conclude that the employer/carrier may not rely on this provision when they have failed to adequately inform the claimant of her potential rights and responsibilities under the statute.

Section 440.02(24), Florida Statutes (Supp. 1990), defines wages to include:

*1375... gratuities to the extent reported to the…