Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Hirschensohn v. Personnel
455 So.2d 537, (Fla.App. 1 Dist., Aug 23, 1984)
In determining average weekly wage in order to use the 13 weeks prior to the accident the claimant must have worked "during substantially the whole of 13 weeks". The term "during substantially the whole of 13 weeks" means during not less than 90% of the total customary full-time hours of employment within such period considered as a whole. In this case the record did not reveal the claimant's total customary full-time hours of employment and without such a proper predicate in the record the appellate court could not say that the deputy commissioner erred in utilizing the method of Section 440.14(1)(a)F.S. for determining average weekly wage.A deputy commissioner may accept the testimony of one doctor and reject that of another even without explanation.