Whitner v. Boulevard Tire Centers

Appellant Antonio Whitner appeals the final workers’ compensation order ruling that his average weekly wage (“AWW”) computation excludes the premiums paid by his employer for his dental insurance. A claimant’s wages, for purposes of computing his AWW, are defined by section 440.02(27), Florida Statutes (2000) to include “employer contributions for health insurance for the employee or the employee’s dependents.” The Judge of Compensation Claims ruled that dental insurance is a fringe benefit separate from health insurance because they are sold separately with separate costs, and that dental…