Florida Statute 440.14 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.14 Determination of pay.—

(1) Except as otherwise provided in this chapter, the average weekly wages of the injured employee on the date of the accident shall be taken as the basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12(2), as follows:

(a) If the injured employee has worked in the employment in which she or he was working on the date of the accident, whether for the same or another employer, during substantially the whole of 13 weeks immediately preceding the accident, her or his average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks. As used in this paragraph, the term “substantially the whole of 13 weeks” means the calendar period of 13 weeks as a whole, which shall be defined as the 13 calendar weeks before the date of the accident, excluding the week during which the accident occurred. The term “during substantially the whole of 13 weeks” shall be deemed to mean during not less than 75 percent of the total customary hours of employment within such period considered as a whole.

(b) If the injured employee has not worked in such employment during substantially the whole of 13 weeks immediately preceding the accident, the wages of a similar employee in the same employment who has worked substantially the whole of such 13 weeks shall be used in making the determination under the preceding paragraph.

(c) If an employee is a seasonal worker and the foregoing method cannot be fairly applied in determining the average weekly wage, then the employee may use, instead of the 13 weeks immediately preceding the accident, the calendar year or the 52 weeks immediately preceding the accident. The employee will have the burden of proving that this method will be more reasonable and fairer than the method set forth in paragraphs (a) and (b) and, further, must document prior earnings with W-2 forms, written wage statements, or income tax returns. The employer shall have 30 days following the receipt of this written proof to adjust the compensation rate, including the making of any additional payment due for prior weekly payments, based on the lower rate compensation.

(d) If any of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wages of the injured employee shall be used, except as otherwise provided in paragraph (e) or paragraph (f).

(e) If it is established that the injured employee was under 22 years of age when the accident occurred and that under normal conditions her or his wages should be expected to increase during the period of disability, the fact may be considered in arriving at her or his average weekly wages.

(f) If it is established that the injured employee was a part-time worker on the date of the accident, that she or he had adopted part-time employment as a customary practice, and that under normal working conditions she or he probably would have remained a part-time worker during the period of disability, these factors shall be considered in arriving at her or his average weekly wages. For the purpose of this paragraph, the term “part-time worker” means an individual who customarily works less than the full-time hours or full-time workweek of a similar employee in the same employment.

(g) If compensation is due for a fractional part of the week, the compensation for such fractional part shall be determined by dividing the weekly compensation rate by the number of days employed per week to compute the amount due for each day.

(2) If, during the period of disability, the employer continues to provide consideration, including board, rent, housing, or lodging, the value of such consideration shall be deducted when calculating the average weekly wage of the employee so long as these benefits continue to be provided.

(3) The department shall establish by rule a form which shall contain a simplified checklist of those items which may be included as “wage” for determining the average weekly wage.

(4) Upon termination of the employee or upon termination of the payment of fringe benefits of any employee who is collecting indemnity benefits pursuant to s. 440.15(2) or (3), the employer shall within 7 days of such termination file a corrected 13-week wage statement reflecting the wages paid and the fringe benefits that had been paid to the injured employee, as provided in s. 440.02(40).

(5)(a) If the lost wages from concurrent employment are used in calculating the average weekly wage, the employee is responsible for providing information concerning the loss of earnings from the concurrent employment.

(b) The employee waives any entitlement to interest, penalties, and attorney’s fees during the period in which the employee has not provided information concerning the loss of earnings from concurrent employment. Carriers are not subject to penalties under s. 440.20(8)(b) for unpaid compensation related to concurrent employment during the period in which the employee has not provided information concerning the loss of earnings from concurrent employment.

History.—s. 14, ch. 17481, 1935; CGL 1936 Supp. 5966(14); s. 3, ch. 20672, 1941; s. 2, ch. 28241, 1953; s. 1, ch. 63-160; s. 8, ch. 74-197; s. 1, ch. 77-290; s. 23, ch. 78-300; ss. 9, 124, ch. 79-40; s. 21, ch. 79-312; s. 4, ch. 82-237; s. 3, ch. 88-203; ss. 11, 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 110, ch. 97-103; s. 91, ch. 2000-153; s. 14, ch. 2001-91; s. 73, ch. 2002-1; s. 27, ch. 2002-194; s. 479, ch. 2003-261; s. 17, ch. 2003-412; s. 61, ch. 2004-5; s. 96, ch. 2023-8.

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Amendments to 440.14

Annotations, Discussions, Cases:

Cases Citing Statute 440.14

Total Results: 160

Four Quarters Habitat, Inc. v. Miller

405 So. 2d 475

District Court of Appeal of Florida | Filed: Oct 29, 1981 | Docket: 1703982

Cited 19 times | Published

claimant's AWW by selecting the method provided in Section 440.14(1)(a), Florida Statutes (1979)[2], instead

American Uniform & Rental Service v. Trainer

262 So. 2d 193

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 1522974

Cited 16 times | Published

proper method of determining under Florida Statutes § 440.14, F.S.A., the average weekly wage of an employee

Penuel v. Central Crane Service

232 So. 2d 739

Supreme Court of Florida | Filed: Mar 11, 1970 | Docket: 1356011

Cited 16 times | Published

forty-hour week, or $70.00 per week. Fla. Stat. § 440.14, F.S.A. contains the following provision: "Except

Bruck v. Glen Johnson, Inc.

418 So. 2d 1209

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 1231486

Cited 15 times | Published

according to his full-time weekly wages pursuant to Section 440.14(1)(d), Florida Statutes. Full-time weekly wages

Cramer v. State of Florida

885 F. Supp. 1545, 4 Am. Disabilities Cas. (BNA) 687, 1995 U.S. Dist. LEXIS 6399, 1995 WL 284158

District Court, M.D. Florida | Filed: May 10, 1995 | Docket: 947414

Cited 14 times | Published

claimed is the result of the compensable injury. § 440.14(4)(b), Florida Statutes. Florida's workers' compensation

Tampa Elec. Co. v. Bradshaw

477 So. 2d 624, 10 Fla. L. Weekly 2212, 1985 Fla. App. LEXIS 15944

District Court of Appeal of Florida | Filed: Sep 24, 1985 | Docket: 1320312

Cited 14 times | Published

force at the time of the injury... ." (e.s.) Section 440.14(1)(a) provides for the computation of the AWW

Kerce v. Coca-Cola Company-Foods Division

389 So. 2d 1177

Supreme Court of Florida | Filed: Oct 30, 1980 | Docket: 1683172

Cited 14 times | Published

whether "average weekly wage" as prescribed in section 440.14, Florida Statutes (1974 Supp.), without seasonal

Edwards v. Caulfield

560 So. 2d 364, 1990 WL 52798

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1477904

Cited 12 times | Published

Harrison, 529 So.2d 1172 (Fla. 1st DCA 1988) and Section 440.14(1)(a), Florida Statutes (1987), earnings as

Mayflower Corp. v. Davis

655 So. 2d 1134, 1994 WL 716784

District Court of Appeal of Florida | Filed: Dec 29, 1994 | Docket: 1327256

Cited 11 times | Published

compensation insurance premiums instead of section 440.14(1), Florida Statutes. We affirm. Claimant was

Vegas v. Globe SEC.

627 So. 2d 76, 1993 WL 477628

District Court of Appeal of Florida | Filed: Nov 22, 1993 | Docket: 1752920

Cited 10 times | Published

wages, rather than adhering to the language of section 440.14(1), Florida Statutes (1989), a section overlooked

Vencor Hosp. v. Ahles

727 So. 2d 968, 1998 WL 852567

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1729957

Cited 9 times | Published

of "remuneration the employee is able to earn." § 440.14(4)(a), Fla. Stat. (1995). Since that amount did

Adart South Polybag Mfg. v. Goldberg

495 So. 2d 826, 11 Fla. L. Weekly 2091

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 1759113

Cited 9 times | Published

full-time weekly wages method, pursuant to Section 440.14(1)(d), Florida Statutes. When applying subsection

Wackenhut Corp. v. Freilich

464 So. 2d 217, 10 Fla. L. Weekly 468

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 1193640

Cited 9 times | Published

calculated the average weekly wage pursuant to section 440.14(1)(d). The determination of average weekly

JAQUETTE MOTOR COMPANY v. Talley

134 So. 2d 238

Supreme Court of Florida | Filed: Nov 1, 1961 | Docket: 1343100

Cited 9 times | Published

situations which it was intended to cover. Section 440.14, F.S.A., regarding determination of pay, clearly

Florida Cast Stone v. Dehart

418 So. 2d 1271

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 1289018

Cited 8 times | Published

calculation of claimant's average weekly wage, section 440.14, Florida Statutes (1978 Supp.), resulted in

Sizemore v. Canaveral Port Authority

332 So. 2d 23

Supreme Court of Florida | Filed: Apr 28, 1976 | Docket: 1314487

Cited 8 times | Published

compensation from $36 to $49 per week. He determined Section 440.14(4), Florida Statutes (1973),[2] to authorize

Gilbreth v. Genesis Eldercare

821 So. 2d 1226, 2002 WL 1725890

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1657204

Cited 7 times | Published

combining the income from both occupations under section 440.14(1)(c), pertaining to seasonal employment, which

Witzky v. WEST COAST DUP. & CLAIMS CENTER

503 So. 2d 1327, 12 Fla. L. Weekly 723, 1987 Fla. App. LEXIS 12007

District Court of Appeal of Florida | Filed: Mar 10, 1987 | Docket: 1453635

Cited 7 times | Published

period to be $4,330.50. The deputy, applying section 440.14(1)(a), reduced that amount by the cost of health

Vida Appliances, Inc. v. Gates

416 So. 2d 1186

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 1655113

Cited 7 times | Published

computation of a claimant's average weekly wage. § 440.14(1)(a), Fla. Stat. (1979). This case is therefore

Simpkins v. Watson

397 So. 2d 432

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 1706842

Cited 7 times | Published

claimant's average weekly wage is not sanctioned by Section 440.14, Florida Statutes (1979), because the period

Prestressed Decking Corp. v. Medrano

556 So. 2d 406, 1989 WL 87555

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1528406

Cited 6 times | Published

did not err in setting claimant's AWW. Under Section 440.14(1)(a), Florida Statutes, wages are calculated

Lavin v. Alton Box Bd. Co.

431 So. 2d 202

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1512024

Cited 6 times | Published

the injury of 8 February. The E/C urges that Section 440.14(1)(a), Florida Statutes (1979), should have

King Motor Co. v. Pollack

409 So. 2d 160

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 1525483

Cited 6 times | Published

different methods of calculation set forth in Section 440.14, Florida Statutes (1977), as well as to factual

Randell, Inc. v. Chism

404 So. 2d 175

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1782640

Cited 6 times | Published

deputy determined that the AWW was $268.77. *177 Section 440.14(1)(a), Fla. Stat. (1979) provides in part that:

Times Publishing Co. v. Walters

382 So. 2d 720

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1674599

Cited 6 times | Published

this motion for rehearing or clarification that § 440.14(5), Florida Statutes, should have been utilized

Wilson v. City of Haines City

97 So. 2d 208

District Court of Appeal of Florida | Filed: Sep 18, 1957 | Docket: 458370

Cited 6 times | Published

Deputy Commissioner in his Order stated: "Under Section 440.14(5) the claimant was a part-time worker at the

Fast Tract Framing, Inc. v. Caraballo

994 So. 2d 355, 2008 WL 4190649

District Court of Appeal of Florida | Filed: Sep 15, 2008 | Docket: 1667063

Cited 5 times | Published

basis for calculating average weekly wage under section 440.14, Florida Statutes. Facts and Procedural History

Greater Fla. Outdoor Advertising v. Dichristina

591 So. 2d 1090, 1992 WL 861

District Court of Appeal of Florida | Filed: Jan 2, 1992 | Docket: 796610

Cited 5 times | Published

claimant's average weekly wage, as determined under section 440.14(1)(d), Florida Statutes, should not have included

Cote v. Combustion Engineering, Inc.

502 So. 2d 500, 12 Fla. L. Weekly 525

District Court of Appeal of Florida | Filed: Feb 13, 1987 | Docket: 1061224

Cited 5 times | Published

the happening of an injury by accident...." Section 440.14, Florida Statutes (1974), states that "the

Newell v. Seaboard Contractors

473 So. 2d 787, 10 Fla. L. Weekly 1873

District Court of Appeal of Florida | Filed: Aug 7, 1985 | Docket: 1510513

Cited 5 times | Published

weekly wage should be determined pursuant to Section 440.14(1)(d), Florida Statutes. Where the "13-week"

In Re Florida Workmen's Compensation Rules of Pro.

285 So. 2d 601, 1973 Fla. LEXIS 4246

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1743841

Cited 5 times | Published

"substantially the whole of thirteen weeks," as used in Section 440.14(1), Florida Statutes, F.S.A., shall be deemed

Strickland v. Al Landers Dump Trucks, Inc.

170 So. 2d 445

Supreme Court of Florida | Filed: Dec 21, 1964 | Docket: 438143

Cited 5 times | Published

association was not presented at the hearing. Section 440.14(2), F.S.A., is very clear in its prescription

Jackson v. Hochadel Roofing Co.

657 So. 2d 1266, 1995 WL 410699

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 1514535

Cited 4 times | Published

Compensation Claims (JCC) was correct in utilizing section 440.14(1)(d), Florida Statutes, rather than the thirteen

Waldorf v. Jefferson County School Bd.

622 So. 2d 515, 1993 WL 274215

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1528985

Cited 4 times | Published

neatly into any of the alternatives afforded by section 440.14, Florida Statutes (1989), for computation of

Albertson's Inc. v. Natale

555 So. 2d 946, 1990 WL 3651

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 1724568

Cited 4 times | Published

and his AWW adjusted downward, pursuant to Section 440.14(1)(f), Florida Statutes (1985).[1] The judge

City of Hialeah v. Jimenez

527 So. 2d 936, 1988 WL 67274

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 1526128

Cited 4 times | Published

claimant's full-time weekly wages in accordance with section 440.14(1)(d), Florida Statutes. Employer/servicing

Wal-Mart Stores v. Campbell

714 So. 2d 436, 1998 WL 306764

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 390873

Cited 3 times | Published

So.2d 193 (Fla. *437 1972), mandates use of section 440.14(1)(a), Florida Statutes, to determine average

Wal-Mart Stores v. Campbell

694 So. 2d 136, 1997 WL 289076

District Court of Appeal of Florida | Filed: Jun 2, 1997 | Docket: 1450680

Cited 3 times | Published

method of calculating the increased AWW under section 440.14(1), Florida Statutes (Supp.1990). We affirm

Strickland v. Neil's Painting

545 So. 2d 333, 1989 WL 49614

District Court of Appeal of Florida | Filed: May 12, 1989 | Docket: 1702837

Cited 3 times | Published

"consecutive period of 91 days" provision of section 440.14(1)(a), Fla. Stat. (1985).[1] However, the statute

Iley v. Linzey

531 So. 2d 1361, 1988 WL 95880

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 1528651

Cited 3 times | Published

earnings during calendar year 1985 pursuant to section 440.14(1)(c). He determined that claimant's AWW was

Spartan Electronics v. Russell

513 So. 2d 153, 12 Fla. L. Weekly 1969

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 1295238

Cited 3 times | Published

the 13 weeks prior to her accident, citing section 440.14(1)(a), Florida Statutes. However, the deputy

Eaton v. Pinebrook Place Health Care Center

506 So. 2d 1148, 12 Fla. L. Weekly 1191, 1987 Fla. App. LEXIS 8171

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1700261

Cited 3 times | Published

weekly wage (AWW) should be calculated under section 440.14(1)(f), Florida Statutes (1985), based on her

Eaton v. Pinebrook Place Health Care Center

506 So. 2d 1148, 12 Fla. L. Weekly 1191, 1987 Fla. App. LEXIS 8171

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1700261

Cited 3 times | Published

weekly wage (AWW) should be calculated under section 440.14(1)(f), Florida Statutes (1985), based on her

Orange-Co of Florida v. Waldrop

454 So. 2d 724

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 444511

Cited 3 times | Published

$92.87 per week. Clearly, the deputy applied Section 440.14(1)(d), Florida Statutes (1983), which provides

Apholz v. North American Van Lines

427 So. 2d 1094

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1739665

Cited 3 times | Published

for that period shall be computed pursuant to Section 440.14(1)(a), Florida Statutes ... We therefore must

Coles v. Gainesville Bonded Warehouse

409 So. 2d 1205

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 525667

Cited 3 times | Published

for that period shall be computed pursuant to Section 440.14(1)(a), Florida Statutes (1977). Silver Springs

Silver Springs, Inc. v. Scardo

408 So. 2d 844

District Court of Appeal of Florida | Filed: Jan 21, 1982 | Docket: 1732366

Cited 3 times | Published

calculated claimant's average weekly wage under Section 440.14(1), Florida Statutes (1979). In the 13-week

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

194 So. 3d 311, 2016 WL 3191086

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274

Cited 2 times | Published

allowed from the commencement of the disability.” Section 440.14(3), Florida Statutes (2009), provides in part:

Mauranssi v. Centerline Utilities Contract Co.

685 So. 2d 66, 1996 Fla. App. LEXIS 13204, 1996 WL 728685

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1414932

Cited 2 times | Published

BENTON, Judge. On the purported authority of section 440.14(1)(d), Florida Statutes (1995), the order under

University of Florida v. Collins

678 So. 2d 503, 1996 WL 482644

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1470656

Cited 2 times | Published

AWW purposes, plus includable fringe benefits. § 440.14(1)(d), Fla. Stat. (1987) ("If any of the foregoing

PUTNAM COUNTY SCHOOL BD. v. Debose

667 So. 2d 447, 1996 WL 31878

District Court of Appeal of Florida | Filed: Jan 30, 1996 | Docket: 160986

Cited 2 times | Published

explicit language of the pertinent subsections of section 440.14. In view of subsequent amendments to chapter

Champlovier v. City of Miami

667 So. 2d 315, 1995 WL 597204

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 161505

Cited 2 times | Published

compensation rate could not have been set without it. Section 440.14(1), Florida Statutes (1977), provided that

EFFICIENT SYSTEMS v. Dept. of Labor

624 So. 2d 343, 1993 WL 347603

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 475719

Cited 2 times | Published

is whether the judge incorrectly interpreted section 440.14(1)(d) by utilizing weekly wages from a prior

Hillsborough County School Bd. v. Fliter

539 So. 2d 1145, 1989 WL 12434

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 109658

Cited 2 times | Published

per month in retirement benefits. They cite section 440.14(3), Florida Statutes, for the proposition that

Quality Painting, Inc. v. Harrison

529 So. 2d 1172, 1988 WL 70563

District Court of Appeal of Florida | Filed: Jul 8, 1988 | Docket: 432499

Cited 2 times | Published

weekly wage should be established pursuant to section 440.14(1)(a), Florida Statutes, by utilizing the combined

Gomez v. Murdoch

520 So. 2d 600, 1987 WL 625

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 1300659

Cited 2 times | Published

the concurrent employment rule embodied in section 440.14, Florida Statutes (1982 Supp.), is inapplicable

Rivers v. SCA SERV. OF FLORIDA, INC.

465 So. 2d 634, 10 Fla. L. Weekly 771

District Court of Appeal of Florida | Filed: Mar 21, 1985 | Docket: 1694820

Cited 2 times | Published

deputy erred in calculating AWW pursuant to Section 440.14(1)(b), Florida Statutes (1983), and in denying

OT Sims & Associates v. Merchant

435 So. 2d 884

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1328290

Cited 2 times | Published

they assert that their figure is proper under § 440.14(1)(f), the part-time worker provision. The deputy

Garcia-Lopez v. Affordable Plumbing/Vinings Insurance Co.

66 So. 3d 1024, 2011 Fla. App. LEXIS 11170, 2011 WL 2752805

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301815

Cited 1 times | Published

basis for calculating average weekly wage under section 440.14, Florida Statutes.” Id. at 356. The argument

Stubbs v. BOB DALE CONST.

977 So. 2d 718, 2008 WL 762519

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 851281

Cited 1 times | Published

average weekly wage (AWW) increase pursuant to section 440.14(1), Florida Statutes (2006). We find the JCC

Vreuls v. Progressive Employer Services

881 So. 2d 688, 2004 Fla. App. LEXIS 12746, 29 Fla. L. Weekly Fed. D 1990

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1748727

Cited 1 times | Published

employee's average weekly wage pursuant to Section 440.14, F.S., as calculated by the carrier, as ordered

Able Body Temporary Services v. Lindley

867 So. 2d 499, 2004 Fla. App. LEXIS 1966, 2004 WL 329344

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 64828621

Cited 1 times | Published

657 So.2d 1266, 1267 (Fla. 1st DCA 1995). Section 440.14(1), Florida Statutes (1999), outlines the methods

University of Florida v. Bowens

677 So. 2d 942, 1996 WL 412788

District Court of Appeal of Florida | Filed: Jul 25, 1996 | Docket: 1690138

Cited 1 times | Published

Revenue Code in effect on January 1, 1987." Section 440.14, Florida Statutes (1989), provides in pertinent

Western Auto v. Moore

567 So. 2d 972, 1990 WL 146908

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1380345

Cited 1 times | Published

determine the AWW under the method provided in Section 440.14(1)(a), Florida Statutes. We hold that the judge

Industrial Fiberglass Manufacturers & Employers Casualty Co. v. Davis

460 So. 2d 998, 9 Fla. L. Weekly 2657, 1984 Fla. App. LEXIS 16337

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64608789

Cited 1 times | Published

to the accident. Appellants contend that under § 440.14(l)(d), claimant’s average weekly wage must be

Peterman v. Floriland Farms, Inc.

131 So. 2d 479, 1961 Fla. LEXIS 2248

Supreme Court of Florida | Filed: Jun 21, 1961 | Docket: 60197835

Cited 1 times | Published

should be increased because of the provisions of F.S. 440.14 (4) which provides as follows: “ ‘If it be established

Miami Beach Awning Co. v. Socalis

129 So. 2d 414

Supreme Court of Florida | Filed: May 5, 1961 | Docket: 60197306

Cited 1 times | Published

whether the method provided in subsection (1) of Section 440.14 Florida Statutes (1957) F.S.A., could be “reasonably

Adams v. Florida Industrial Commission

110 So. 2d 455, 1959 Fla. App. LEXIS 3167

District Court of Appeal of Florida | Filed: Apr 2, 1959 | Docket: 60192129

Cited 1 times | Published

whether Subsection (1) or Subsection (3) of Section 440.14, relating to the basis for the computation

Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Division of Risk Management

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102

Published

“wages,” and therefore, no need to resort to section 440.14, Florida Statutes, for calculation. However

Detroit Tigers, Inc. and Sedgwick CMS v. Sodders

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848311

Published

agree that the AWW should be computed under section 440.14(1)(d), Florida Statutes, which requires determining

Great Cleaning Corporation/ Ascendant etc. v. Carmen Bello

201 So. 3d 186, 2016 Fla. App. LEXIS 13341

District Court of Appeal of Florida | Filed: Sep 6, 2016 | Docket: 4419309

Published

concluded that the calculation method under section 440.14(l)(a), Florida Statutes (2014), does not apply

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655

Published

allowed from the commencement of the disability.” Section 440.14(3), Florida Statutes (2009), provides in part:

K-C Electric Co. v. Walden

122 So. 3d 514, 2013 WL 5509115, 2013 Fla. App. LEXIS 15832

District Court of Appeal of Florida | Filed: Oct 7, 2013 | Docket: 60234722

Published

and the appropriate AWW is calculated under section 440.14, Florida Statutes, which sets forth its formulas

Eaton v. Pinellas County School Board

995 So. 2d 1075, 2008 Fla. App. LEXIS 19274, 2008 WL 4949288

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 64856925

Published

718, 719 (Fla. 1st DCA 2008). The JCC applied section 440.14(l)(a), Florida Statutes, to calculate Claimant’s

Rotstein v. Publix Supermarkets, Inc.

933 So. 2d 1256, 2006 Fla. App. LEXIS 12301, 2006 WL 2040381

District Court of Appeal of Florida | Filed: Jul 24, 2006 | Docket: 64845791

Published

concluded that the valuation date was controlled by section 440.14(1), Florida Statutes (1987), which provided

Taylor v. Labor Finders

928 So. 2d 435, 2006 Fla. App. LEXIS 6144, 2006 WL 1112689

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 64844552

Published

during his four days of employment and that section 440.14(l)(d), Florida Statutes (2003), governs the

Sonny Glassbrenner, Inc. v. Dowling

913 So. 2d 82, 2005 Fla. App. LEXIS 16460, 2005 WL 2649222

District Court of Appeal of Florida | Filed: Oct 18, 2005 | Docket: 64840721

Published

applied section 440.14(l)(b), Florida Statutes (2001), in calculating claimant’s AWW. Section 440.14 provides

Osceola County School Board v. Boos

912 So. 2d 667, 2005 Fla. App. LEXIS 16142, 2005 WL 2493396

District Court of Appeal of Florida | Filed: Oct 11, 2005 | Docket: 64840652

Published

have an average weekly wage as delineated in section 440.14, Florida Statutes. The judge recognized this

Flowers v. Acousti Engineering Co. of Florida

888 So. 2d 735, 2004 Fla. App. LEXIS 18844, 2004 WL 2870001

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64834716

Published

CURIAM. Reviewing de novo the interpretation of section 440.14(l)(a) & (l)(d), Florida Statutes (1987), which

Brooks v. First Scaffold & Equipment, Inc.

884 So. 2d 420, 2004 Fla. App. LEXIS 14267, 2004 WL 2169011

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 64833518

Published

average weekly wage calculation contained in section 440.14(l)(a), Florida Statutes. The decision of the

Infinger Transportation Co. v. Johnson

863 So. 2d 1275, 2004 Fla. App. LEXIS 878, 2004 WL 136370

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 64827583

Published

reasonable calculation of average weekly wage under section 440.14(l)(d),’ ” Florida Statutes (2001). Mauranssi

James v. ARMSTRONG WORLD INDUSTRIES, INC.

864 So. 2d 1132, 2003 WL 23094733

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1426063

Published

prior to the appellant's accident in 1982. Section 440.14, Florida Statutes (1982), provides in relevant

Karnes v. City of Boca Raton

858 So. 2d 1264, 2003 Fla. App. LEXIS 17464, 2003 WL 22697480

District Court of Appeal of Florida | Filed: Nov 17, 2003 | Docket: 460774

Published

NORTWICK and PADOVANO, JJ., concur. NOTES [1] See § 440.14(1), Fla. Stat. (1989); see also Waymire v. Fla

Bogdanova v. Royal Hanneford Circus

848 So. 2d 1163, 2003 Fla. App. LEXIS 5812, 2002 WL 32072392

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 64823863

Published

1st DCA 1999) (observing that what is now section 440.014(c), Florida Statutes, presumes that an IC is

Reaves v. United Parcel Service

792 So. 2d 688, 2001 Fla. App. LEXIS 12169, 2001 WL 987268

District Court of Appeal of Florida | Filed: Aug 30, 2001 | Docket: 64807735

Published

earnings could not be included in his AWW. Section 440.14(1), Florida Statutes (1993), addresses determination

Hubbard Construction Co. v. McCray

786 So. 2d 654, 2001 Fla. App. LEXIS 8430, 26 Fla. L. Weekly Fed. D 1483

District Court of Appeal of Florida | Filed: Jun 12, 2001 | Docket: 64805801

Published

as a result of the computations mandated by section 440.14(l)(a), Florida Statutes (1997), which is the

City of Miami v. Cairo

782 So. 2d 909, 2001 Fla. App. LEXIS 3347, 2001 WL 251758

District Court of Appeal of Florida | Filed: Mar 15, 2001 | Docket: 64804842

Published

either the 1995 accident or the 1986 accident. See § 440.14(l)(a), Fla. Stat. (1985). For the foregoing reasons

Thomas-Johnston v. Publix Supermarkets, Inc.

721 So. 2d 1235, 1998 Fla. App. LEXIS 15974, 1998 WL 885012

District Court of Appeal of Florida | Filed: Dec 21, 1998 | Docket: 64784822

Published

thirteen weeks immediately preceding the accident, section 440.14(1)(d), Florida Statutes (1989), applies. See

Perry v. Fire Barrier Systems

704 So. 2d 559, 1997 Fla. App. LEXIS 6556, 1997 WL 329116

District Court of Appeal of Florida | Filed: Jun 17, 1997 | Docket: 64778330

Published

part-time worker during the period of disability. See § 440.14(1)(f), Fla. Stat.; Albertson’s Inc. v. Notale

Gusmano v. J & A Associates

692 So. 2d 993, 1997 Fla. App. LEXIS 4885, 1997 WL 222395

District Court of Appeal of Florida | Filed: May 6, 1997 | Docket: 64773125

Published

of a similar employee in the same employment. § 440.14(1), Fla.Stat. (1993). An individual who is working

Lil' Champ Food Stores v. Ross

682 So. 2d 649, 1996 Fla. App. LEXIS 11484, 1996 WL 635085

District Court of Appeal of Florida | Filed: Nov 5, 1996 | Docket: 64768751

Published

immediately preceding the injury pursuant to section 440.14(l)(a), Florida Statutes. It appears from the

Cody v. United Parcel Service

681 So. 2d 876, 1996 Fla. App. LEXIS 10943, 1996 WL 600875

District Court of Appeal of Florida | Filed: Oct 22, 1996 | Docket: 64768471

Published

employer, United Parcel Service, pursuant to section 440.14(1)©, Florida Statutes (1991). In the alternative

Irwin Yacht & Marine Corp. v. Piernik

675 So. 2d 975, 1996 Fla. App. LEXIS 5478, 1996 WL 278833

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765512

Published

based on the thirteen weeks proceeding the injury. § 440.14, Fla. Stat.

East Pasco Medical Center v. Jones

659 So. 2d 356, 1995 Fla. App. LEXIS 7080, 1995 WL 363236

District Court of Appeal of Florida | Filed: Jun 20, 1995 | Docket: 64758327

Published

have applied the part-time worker statute, section 440.14(l)(f), Florida Statutes (1991). The claimant

Pruitt v. Lotspeich Co. of Florida, Inc.

655 So. 2d 1305, 1995 Fla. App. LEXIS 8515, 1995 WL 348313

District Court of Appeal of Florida | Filed: Jun 12, 1995 | Docket: 64756707

Published

determining an employee’s average weekly wage under section 440.14(l)(a), Florida Statutes. Because the judge

Charles J. Givens Organization v. Morris

652 So. 2d 1240, 1995 Fla. App. LEXIS 3504, 1995 WL 147378

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64755329

Published

13 weeks before his injury and, accordingly, section 440.14(l)(a), Florida Statutes, would apply to the

De Russo v. City of Fort Lauderdale

652 So. 2d 1207, 1995 Fla. App. LEXIS 3189, 20 Fla. L. Weekly Fed. D 794

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755314

Published

included in determining an employee’s AWW under section 440.14(1), Florida Statutes), review denied, 637 So

Taylor v. Certified Poultry & Egg Co.

651 So. 2d 1262, 1995 Fla. App. LEXIS 2478, 1995 WL 104511

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 64755040

Published

weeks preceding his compen-sable accident under section 440.14(l)(a), Florida Statutes (1989), or, alternatively

Rosado v. Penney

647 So. 2d 987, 1994 Fla. App. LEXIS 12196, 1994 WL 697964

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 64753055

Published

benefit on the date of the industrial accident. Section 440.14(1) states that “the average weekly wage of

Ellis v. City of Frostproof

642 So. 2d 113, 1994 Fla. App. LEXIS 8672, 1994 WL 483433

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64750639

Published

apply section 440.14(l)(f), Florida Statutes, relating to AWW of part-time workers. Section 440.14(l)(f)

Blind v. It's a Bit Fishy, Inc.

639 So. 2d 703, 1994 Fla. App. LEXIS 7302, 1994 WL 382904

District Court of Appeal of Florida | Filed: Jul 25, 1994 | Docket: 64749650

Published

promised her full-time work. Blind contends section 440.14(l)(a), Florida Statutes (1991), requires the

HRS District IV v. East

632 So. 2d 719, 1994 Fla. App. LEXIS 1704, 1994 WL 64920

District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 64746604

Published

proceedings consistent with Vegas and with section 440.14, Florida Statutes. AFFIRMED in part, REVERSED

Southall v. Sara-Char Broadcasting

630 So. 2d 1256, 1994 Fla. App. LEXIS 599, 1994 WL 30324

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 64746051

Published

denied a claim for concurrent wages pursuant to section 440.14(1), Florida Statutes (1991). We reverse and

Gallingane v. Bishops Glen

635 So. 2d 71, 1994 Fla. App. LEXIS 160, 1994 WL 9537

District Court of Appeal of Florida | Filed: Jan 18, 1994 | Docket: 64747669

Published

compensation order which ruled that pursuant to section 440.14(1), Florida Statutes (1991), claimant’s concurrent

Nowak v. YMCA South County

629 So. 2d 1083, 1994 Fla. App. LEXIS 56, 1994 WL 5227

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 64745429

Published

the calculation of average weekly wage under Section 440.14(l)(a), Florida Statutes. REVERSED and REMANDED

Van Nguyen v. Plastics International

629 So. 2d 310, 1993 Fla. App. LEXIS 12955, 1993 WL 533760

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64745033

Published

compensation order which ruled that pursuant to section 440.14(1), Florida Statutes (1991), Claimant is entitled

Pishotta v. Pishotta Tile & Marble, Inc.

613 So. 2d 1373, 1993 Fla. App. LEXIS 2083, 1993 WL 39622

District Court of Appeal of Florida | Filed: Feb 18, 1993 | Docket: 64694378

Published

The statute applicable to the instant case, section 440.14, Florida Statutes (1985), provides in subsection

Gruber v. Budd Sererino Gutters & Siding

613 So. 2d 1353, 1993 Fla. App. LEXIS 1839, 1993 WL 35235

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 64694372

Published

compensation claims (JCC) did not comply with Section 440.14(l)(a), Florida Statutes (1991), which requires

City of Miami v. Fernandez

603 So. 2d 1346, 1992 Fla. App. LEXIS 8926, 1992 WL 193005

District Court of Appeal of Florida | Filed: Aug 13, 1992 | Docket: 64669404

Published

utilized the similar employees provision in section 440.-14(l)(b), Florida Statutes (1985), but then enhanced

Aguiar v. Doral Hotel & Country Club

599 So. 2d 698, 1992 Fla. App. LEXIS 5363, 1992 WL 98577

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 64667725

Published

claimant’s AWW under the 13-week formula set out Section 440.14(1), Florida Statutes (1987). Apholz v. North

Fleitas v. Today Trucking, Inc.

598 So. 2d 252, 1992 Fla. App. LEXIS 5081, 1992 WL 94154

District Court of Appeal of Florida | Filed: May 11, 1992 | Docket: 64667138

Published

$240 per week; it would not be computed under section 440.-14. Where, as here, the contract rate bears a

Expicare Nursing Services v. Eudaley

596 So. 2d 126, 1992 Fla. App. LEXIS 2519, 1992 WL 48373

District Court of Appeal of Florida | Filed: Mar 16, 1992 | Docket: 64666220

Published

weekly wage (AWW) was to be determined pursuant to § 440.14. The JCC relied on claimant’s 13-week wage statement

Klug v. Popeye's

593 So. 2d 1228, 1992 Fla. App. LEXIS 1875, 1992 WL 37149

District Court of Appeal of Florida | Filed: Mar 2, 1992 | Docket: 64665405

Published

argues that the JCC erred in: (1) applying Section 440.-14(l)(f), Florida Statutes, to determine his average

Hilton v. Coral Springs Honda

572 So. 2d 7, 1990 WL 212122

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 64655402

Published

rejected the 13-week method, as provided by section 440.14(l)(a), Florida Statutes (1987), because appellant

Richardson v. Morrell's, Inc.

570 So. 2d 1076, 1990 Fla. App. LEXIS 9053, 1990 WL 188971

District Court of Appeal of Florida | Filed: Dec 3, 1990 | Docket: 1704158

Published

her part-time earnings, and held as follows: Section 440.14(1)(b) provides that, in the event a claimant

Carvell v. Caviness Motor Co.

552 So. 2d 250, 14 Fla. L. Weekly 2537, 1989 Fla. App. LEXIS 6178, 1989 WL 132550

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 1663563

Published

wage should have been calculated under the Section 440.14(1)(b), Florida Statutes, similar employee method

Grieco v. Lehigh Corp.

549 So. 2d 748, 14 Fla. L. Weekly 2338, 1989 Fla. App. LEXIS 5338, 1989 WL 113243

District Court of Appeal of Florida | Filed: Oct 3, 1989 | Docket: 64645271

Published

the period for which she claimed benefits. Section 440.14(3) or 440.-20(14) might support this ultimate

Happle Solar Contractors v. Happle

547 So. 2d 1035, 14 Fla. L. Weekly 1966, 1989 Fla. App. LEXIS 4756, 1989 WL 97699

District Court of Appeal of Florida | Filed: Aug 22, 1989 | Docket: 64644470

Published

in calculating appellee’s AWW. Pursuant to Section 440.14(l)(a), Florida Statutes (1983), where the claimant

Alterman Transport Lines v. Rust

547 So. 2d 337, 14 Fla. L. Weekly 1904, 1989 Fla. App. LEXIS 4608, 1989 WL 90492

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 64644219

Published

recomputation of the average weekly wage, pursuant to section 440.-14(l)(a), Florida Statutes (1987). Claimant did

Tile Plus v. Albanese

546 So. 2d 93, 14 Fla. L. Weekly 1591, 1989 Fla. App. LEXIS 3828, 1989 WL 74841

District Court of Appeal of Florida | Filed: Jul 6, 1989 | Docket: 64643592

Published

increasing his average weekly wage pursuant to section 440.14(l)(d), Florida Statutes (1987). The employer

Yellow Freight Systems, Inc. v. Coombs

523 So. 2d 657, 13 Fla. L. Weekly 682, 1988 Fla. App. LEXIS 1043, 1988 WL 20644

District Court of Appeal of Florida | Filed: Mar 15, 1988 | Docket: 64634179

Published

basis that it was improperly calculated under section 440.14(l)(d), Florida Statutes (1983). On September

Florida Insurance Guaranty Ass'n v. Valez

514 So. 2d 395, 12 Fla. L. Weekly 2442, 1987 Fla. App. LEXIS 10687

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630450

Published

$384.84, pursuant to the method provided in Section 440.14(l)(e), Florida Statutes (1979),1 as to the

Sam Bloom Plumbing Co. v. Boykin

513 So. 2d 193, 12 Fla. L. Weekly 2203, 1987 Fla. App. LEXIS 12171

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629769

Published

(AWW) should be calculated in accordance with Section 440.14(l)(e), Florida Statutes (1979). At the time

Haynes v. Gordon Haynes State Certified General Contractors, Inc.

506 So. 2d 471, 12 Fla. L. Weekly 1124, 1987 Fla. App. LEXIS 8039

District Court of Appeal of Florida | Filed: Apr 30, 1987 | Docket: 64626843

Published

wage using § 440.14(l)(a), it was the fairest determination of any method contained in § 440.14. The deputy

K-Mart v. Jones

502 So. 2d 495, 12 Fla. L. Weekly 495, 1987 Fla. App. LEXIS 6750

District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 64625038

Published

court’s construction of section 440.14(3), Florida Statutes (1969) [now § 440.14(l)(d), Fla.Stat. (1983)]

Cuccarollo v. Gulf Coast Building Contractors

500 So. 2d 547, 11 Fla. L. Weekly 2158, 1986 Fla. App. LEXIS 10132

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64624243

Published

52 weeks, not 13 weeks as is normally done. Section 440.14(l)(c), Fla. Stat. This would not be the case

Anstead v. Cox Broadcasting

500 So. 2d 197, 11 Fla. L. Weekly 1974, 1986 Fla. App. LEXIS 9655

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 64624097

Published

commissioner’s application of Section 440.-14(l)(a), Fla.Stat. (1983)1 rather than Section 440.14(l)(c), Fla.Stat.

Catalytic, Inc. v. Huguley

470 So. 2d 821, 10 Fla. L. Weekly 1430, 1985 Fla. App. LEXIS 14526

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 64612566

Published

affirm such finding. There was no error in using Section 440.14(1)(d), Florida Statutes (1981), in view of

Faust v. Southeastern Contracting & Door Service

468 So. 2d 509, 10 Fla. L. Weekly 1187, 1985 Fla. App. LEXIS 14140

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 64611810

Published

manner of determining average weekly wage under section 440.14(l)(a), Florida Statutes. It was inappropriate

Smith v. Sunland Training Center

455 So. 2d 1088, 9 Fla. L. Weekly 1980, 1984 Fla. App. LEXIS 14979

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64606803

Published

determination of a question of law as to whether section 440.14(3) (effective May, 1982) applies to retirement

Hirschensohn v. Personnel

455 So. 2d 537, 9 Fla. L. Weekly 1827, 1984 Fla. App. LEXIS 14886

District Court of Appeal of Florida | Filed: Aug 23, 1984 | Docket: 64606694

Published

did not explicitly state which subsection of section 440.14, Florida Statutes, was used to determine the

Sea World of Florida v. Anderson

436 So. 2d 335, 1983 Fla. App. LEXIS 20120

District Court of Appeal of Florida | Filed: Aug 12, 1983 | Docket: 64599086

Published

his average weekly wage as “seasoned income.” Section 440.14(l)(c), Florida Statutes. He, however, wholly

Altman & Sons Farms v. Rivera

434 So. 2d 14, 1983 Fla. App. LEXIS 19734

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64598093

Published

determining claimant’s average weekly wage was found in § 440.14(l)(e), Florida Statutes (1979), which section

St. Vincent De Paul Society v. Smith

431 So. 2d 252, 1983 Fla. App. LEXIS 19325

District Court of Appeal of Florida | Filed: May 9, 1983 | Docket: 64596949

Published

attorney’s fees. The Legislature recently enacted Section 440.14(3), Florida Statutes (Supp.1982), effective

City of Miami v. Grenka

423 So. 2d 565, 1982 Fla. App. LEXIS 21923

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 64593989

Published

$200 weekly. Concurrent employment within Section 440.-14(l)(a), Florida Statutes (1981), was established

Homestead Tomato Packing v. Daniels

420 So. 2d 109, 1982 Fla. App. LEXIS 21331

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 64592309

Published

disability. The deputy commissioner appropriately used § 440.14(l)(d), Florida Statutes (1979), in determining

Housing by Vogue v. Caswell

421 So. 2d 556, 1982 Fla. App. LEXIS 21225

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 64593105

Published

BOOTH and WENTWORTH, JJ., concur. . § 440.14(1), Fla.Stat. . § 440.14(2), Fla.Stat.

Mendzee v. National Roofing Co.

417 So. 2d 841, 1982 Fla. App. LEXIS 20818

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 64591553

Published

from apparent application of § 440.14(l)(a), Florida Statutes. Section 440.14(l)(a) is to be utilized in

Boree Harvesting v. Sanders

413 So. 2d 1279, 1982 Fla. App. LEXIS 20037

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 64589967

Published

at the time of the injury as prescribed in Section 440.14, Fla.Stat. (1977). Other factors should not

Florida Rock Industries, Inc. v. Beach

409 So. 2d 1160, 1982 Fla. App. LEXIS 19255

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 64587972

Published

wages she actually earned during this period. Section 440.14(1), Fla.Stat. (1977). REVERSED and REMANDED

AMF Powerboat Division v. Gilchrist

409 So. 2d 159, 1982 Fla. App. LEXIS 19018

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 64587481

Published

finding of a “similar employee,” pursuant to § ,440.14(l)(b), Florida Statutes (1979), in determining

Pate v. Maddox Foundry & Machine Works

414 So. 2d 524, 1982 Fla. App. LEXIS 19023

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 64590245

Published

weekly wage may be decided within the parameters of § 440.14(1) without referring to a “similar employee.”

Alpha Rent A Car v. Zollikofer

399 So. 2d 1093, 1981 Fla. App. LEXIS 20284

District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 64583342

Published

“intended” to work two jobs. Appellants contend that Section 440.14, Florida Statutes (1979) does not contemplate

Daytona Beach Community College v. Minson

400 So. 2d 775, 1981 Fla. App. LEXIS 20099

District Court of Appeal of Florida | Filed: Jun 5, 1981 | Docket: 64583690

Published

in calculating the average weekly wage. Under § 440.14(l)(f), Florida Statutes (1978), if a worker choses

Whittle v. Whittle & Sons Janitor Service

395 So. 2d 304, 1981 Fla. App. LEXIS 19653

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581039

Published

claimant’s average weekly wage, Florida Statute § 440.14(1) (1975), the statute in effect at the time of

Lavalle, Wochna, Rutherford, Maker & Truesdell v. Stevens

394 So. 2d 141, 1981 Fla. App. LEXIS 19503

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64580460

Published

instance can only be compensated for under Section 440.14(6) Florida Statutes 1975. In addressing a similar

Davidson Lumber Co. v. Smith

390 So. 2d 1221, 1980 Fla. App. LEXIS 18181

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579107

Published

including overtime, for the weeks that he did work. Section 440.14(4), Florida Statutes (1977); See Imperial Frame

Suez Motel v. Brouwer

388 So. 2d 627, 1980 Fla. App. LEXIS 17691

District Court of Appeal of Florida | Filed: Sep 25, 1980 | Docket: 64578266

Published

average weekly wage could not be made pursuant to § 440.14(1), Florida Statutes (1977). Therefore, the Judge

Desfosses v. Carillon Hotel

389 So. 2d 228, 1980 Fla. App. LEXIS 17837

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 64578438

Published

Claims’ method of computation was error. Under § 440.14(1), Florida Statutes (1977), if the injured employee

Whitman v. Hillsborough County School Board

386 So. 2d 877, 1980 Fla. App. LEXIS 17341

District Court of Appeal of Florida | Filed: Aug 15, 1980 | Docket: 64577669

Published

thirteen weeks before his injuries, or $151.20. Section 440.14(1), Florida Statutes (1977). His “average current

Coca-Cola Co. Foods Division v. Sutton

379 So. 2d 1319, 1980 Fla. App. LEXIS 15959

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 64574424

Published

appears that the method did not comply with Section 440.14, Florida Statutes (1975). We reverse and remand

Crosby Aeromarine Co. v. Wilson

198 So. 2d 15, 1967 Fla. LEXIS 3851

Supreme Court of Florida | Filed: Apr 12, 1967 | Docket: 64500674

Published

was made in contemplation of Florida Statutes § 440.14(2), F.S.A., because tlie employee had not been

Jones Shutter Products, Inc. v. Jackson

185 So. 2d 476, 1966 Fla. LEXIS 3640

Supreme Court of Florida | Filed: Apr 13, 1966 | Docket: 64496481

Published

Jackson to be a “part time employee” under Section 440.14(5), Florida Statutes, F.S.A. He found the “average

Waymire v. Florida Industrial Commission

174 So. 2d 404, 1965 Fla. LEXIS 3488

Supreme Court of Florida | Filed: Apr 14, 1965 | Docket: 64492871

Published

considered himself bound by the specific language of Section 440.14(1), Florida Statutes, F.S.A. He held that the

Wolf v. City of Altamonte Springs

148 So. 2d 13

Supreme Court of Florida | Filed: Oct 24, 1962 | Docket: 60209051

Published

weekly wage” is determined by the application of Section 440.14 Florida Statutes, F.S.A., which is as follows:

Shell's City, Inc. v. Coles

145 So. 2d 489

Supreme Court of Florida | Filed: Oct 12, 1962 | Docket: 60207340

Published

evidence of earnings of another employee under F.S. § 440.-14, F.S.A.,1 and computing claimant’s wages instead

Floriland Farms, Inc. v. Peterman

131 So. 2d 477, 1961 Fla. LEXIS 2247

Supreme Court of Florida | Filed: Jun 21, 1961 | Docket: 60197834

Published

of the deceased were not increased because of § 440.14(4), Florida Statutes 1959, F.S.A. Application

Hooker v. Howell Brown Farms

108 So. 2d 297

District Court of Appeal of Florida | Filed: Jan 9, 1959 | Docket: 60191604

Published

crops were sold and the expenses deducted. Section 440.14, Florida Statutes, F.S.A., prescribes the formula

Coleman v. Burnup & Sims, Inc.

95 So. 2d 895, 1957 Fla. LEXIS 3502

Supreme Court of Florida | Filed: Jun 12, 1957 | Docket: 64489298

Published

he was employed, making recovery depend on Section 440.14 (2), Florida Statutes, F.S.A. as follows: “If

Jackson v. Connor

62 So. 2d 26, 1952 Fla. LEXIS 1867

Supreme Court of Florida | Filed: Dec 16, 1952 | Docket: 64483837

Published

that it is con*27trolled by paragraph (3), Section 440.14, F.S.A. The judgment of the Circuit Court is

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.