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.
Curry Industries v. Maringer
22 FLW D421
JCC erred in including in claimant's average weekly
wage the employer's contributions to the claimant's
pension and Medicare benefits. The amended definition
of wages found in Section 440.02(24), Florida Statutes,
(1993) sharply curtailed the fringe benefits that could
be considered in calculating an employee's average
weekly wage. Pension benefits, since enactment of the
amendment, are no longer included in the calculation of
the average weekly wage. Even prior to the amendments,
inclusion of social security taxes in a worker's
average weekly wage calculation was incorrect since
such benefits have no real present value.
Case remanded to JCC on the issue of penalties. The
appellate court could not determine from the record
whether the employer controverted the claim within 21
days following the service on it of the Petition for
Benefits. The pre-trial stipulation showed the claim
being filed on a certain date but the Notice to
Controvert made reference to a prior date of claim.
