Smith v. Sunland Training Center

JOANOS, Judge.

Having considered the appellant claimant’s motion for clarification or rehearing, we grant the motion in part and withdraw the decision and opinion filed March 13, 1984, substituting the following decision and opinion in lieu thereof.

The primary issue in this workers’ compensation appeal is whether the deputy commissioner erred in failing to include employer contributions to claimant’s retire*1089ment program in her average weekly wage where the retirement benefits were vested. Resolution of the matter involves determination of a question of law as to whether section 440.14(3)…