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.