Ballard v. Morning Star Construction

Bobby Ballard appeals a workers’ compensation order denying his claim for an increase in his average weekly wage and the corresponding compensation rate. We affirm in part, reverse in part, and remand for further proceedings.

Ballard first argues that the judge of compensation claims erred in applying section 440.02(24), Florida Statutes (Supp.1990), because it was held unconstitutional in Martinez v. Scanlan, 582 So.2d 1167 (Fla.1991). We disagree. The 1990 amendments to chapter 440 apply to accidents which occurred after the effective date of the amendments, July 1, 1990, and before the date…