Myers v. Holiday House

ALLEN, Judge.

Claimant appeals a workers’ compensation order by which she was awarded wage loss benefits reduced by deemed earnings of $280 per week. We find that employer/carrier did not present an evidentiary predicate below which would support the application of deemed earnings in accordance with section 440.15(3)(b)2, Florida Statutes (Supp.1984), and we therefore conclude that claimant’s wage loss award should not be reduced by any deemed earnings during the period in question.

Claimant sustained an industrial injury when she slipped and fell to the floor while working as a waitress. She…