Davidson Lumber Co. v. Smith, 390 So. 2d 1221 (Fla. 1st DCA 1980). · Go Syfert
Davidson Lumber Co. v. Smith, 390 So. 2d 1221 (Fla. 1st DCA 1980). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
DAVIDSON LUMBER COMPANY and American Hardware Mutual Insurance Company
v.
Willie Dwight SMITH
No. TT-277.
District Court of Appeal of Florida, First District.
Dec 9, 1980.
390 So. 2d 1221
John F. McMath, Miami, for appellants., Gerald B. Shaw, Miami, for appellee.
Liles, Smith, Thompson, Woodie.
Cited by 2 opinions  |  Published
PER CURIAM.

The employer/carrier appeals from a worker’s compensation order determining[*1222] the compensability of Appellee’s injuries and awarding him ten percent (10%) permanent partial disability of the lower left extremity. Appellee, in turn, cross-appeals the Deputy Commissioner’s determination of his average weekly wages and resultant compensation rate. We affirm as to the issues on appeal and reverse on the cross-appeal. Since Appellee had been employed less than thirteen weeks and there is no evidence of a similar employee’s wages, the calculation of Appellee’s average weekly wage should be based on the full-time weekly wages, including overtime, for the weeks that he did work. Section 440.14(4), Florida Statutes (1977); See Imperial Frame Corp. v. Santos, IRC Order 2-3043 (October 13, 1976). Our review of the record reveals an average weekly wage of $176.81 and a weekly compensation rate of $106.09.

Accordingly, the Deputy Commissioner’s order is modified to reflect an average weekly wage of $176.81 and a resultant weekly compensation rate of $106.09. Otherwise, the order is AFFIRMED.

ROBERT P. SMITH, Jr. and THOMPSON, JJ., and LILES, WOODIE A., Associate Judge (Retired), concur.