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468 So. 2d 509

468 So.2d 509

10 Fla.L.Weekly 1187

Faust v. Southeastern Contracting & Door Service

District Court of Appeal of Florida · decided 1985-05-13

Cited by 1 later decisions — most recently November 1993

1 state decisions

Key passage — most relied on by later courts

“If it is established that the injured employee was a part-time worker at the time of the injury, that he had adopted part-time employment as his customary practice, and that under normal working conditions he probably would have remained a part-time worker during the period of disability, these factors shall be considered in arriving at his average weekly wages. (emphasis added)”

quoted by 1 later decision, including 627 So. 2d 76 - Vegas v. Globe SEC.

Relies on 409 So. 2d 62 - Griffin v. Parrish Const. & Door Service

Good law ✅— No negative treatment on recordhow we know

Decided 1985-05-13

View the full empirical analysis of this case →

PER CURIAM.

¶1Claimant appeals a workers’ compensation order establishing his average weekly wage and denying him temporary total disability benefits. We affirm in part and reverse in part.

¶2As to claimant’s argument that the deputy erred in denying temporary partial disability benefits based on claimant’s failure to search for nonunion work, we affirm. Griffin v. Parrish Construction & Door Service, 409 So.2d 62 (Fla. 1st DCA 1982).

¶3In determining average weekly wage, the deputy combined claimant’s wages and union benefits for the thirteen weeks preceding his accident and divided the total by thirteen. This is the appropriate manner of determining average weekly wage under section 440.14(l)(a), Florida Statutes. It was inappropriate in this case, however, because claimant did not work “substantially the whole of 13 weeks” prior to his accident. The deputy’s calculations would have been appropriate if he had made a factual finding that claimant was a “part-time worker” within the meaning of section 440.14(l)(f), Florida Statutes; however, he failed to make such finding. Section 440.14(l)(f) requires that, in order to find an employee to be a part-time worker, *510it must be established that he (1) was a part-time worker at the time of his injury, (2) had adopted part-time employment as his customary practice, and (3) under normal working conditions, probably would have remained a part-time worker during the period of disability. We reverse the deputy’s order and remand for the above findings and a proper determination of average weekly wage.

¶4AFFIRMED in part and REVERSED in part.

JOANOS, THOMPSON and ZEHMER, JJ., concur.
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