Legal Opinion

Perry v. Fire Barrier Systems

District Court of Appeal of Florida

Decided June 17, 1997No. 96-3073Published

1Opinion of the Court

KAHN, Judge.

Claimant Tammy Perry appeals a final workers’ compensation order in which the judge of compensation claims (JCC) classified her as a part-time worker for purposes of determining average weekly wage (AWW). Consideration of part-time worker status depends upon three findings: (1) claimant was a part-time worker at the time of injury; (2) claimant adopted part-time employment as a customary practice; and (3) claimant would have remained a part-time worker during the period of disability. See § 440.14(1)(f), Fla. Stat.; Albertson’s Inc. v. Notale, 555 So.2d 946 (Fla. 1st DCA 1990);…

2Cases cited3 opinions

  1. Albertson's Inc. v. NataleDistrict Court of Appeal of Florida · 1990
  2. Eaton v. Pinebrook Place Health Care CenterDistrict Court of Appeal of Florida · 1987
  3. Ellis v. City of FrostproofDistrict Court of Appeal of Florida · 1994

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