Tile Plus v. Albanese

ZEHMER, Judge.

The claimant, Domenic Albanese, obtained a workers’ compensation order increasing his average weekly wage pursuant to section 440.14(l)(d), Florida Statutes (1987). The employer and carrier appeal, urging that the deputy commissioner erred in calculating the claimant’s average weekly wage on the basis of an oral contract for full-time employment of the claimant by the employer. They argue that this ruling is not supported by competent, substantial evidence that the employer and the employee had made an agreement for claimant’s “new” employment, as distinguished from a…