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.


Corkery v. Best Wings of Cape Coral

23 FLW D644

Claimant sought an adjustment to her average weekly wage based upon unreported tips. Tips are included in the average weekly wage calculation only if they are reported for federal income tax purposes. See 440.02(24), Florida Statutes. Tax forms introduced into evidence did not indicate that unreported tips had been reported for tax purposes and accordingly, they would not qualify for wages in determining the average weekly wage. Court determined that it was error in not awarding penalties and interest to the claimant. The initial payment of indemnity benefits was late because the employer was confused about the identity of his workers' compensation insurance carrier. Even though the employer may have in good faith been unable to establish who his carrier was, court determined that this did not excuse the award of penalties as being a situation over which the employer or carrier had no control. See Section 440.20(6), Florida Statutes. The forgiving of penalties and interest is appropriate only when neither the employer nor the carrier could have prevented the untimeliness.