Charles J. Givens Organization v. Morris
Charles J. Givens Organization v. Morris
Opinion of the Court
In this workers’ compensation ease, the finding of compensability is supported by competent substantial evidence and we affirm. The computation of average weekly wage (AWW) and the award of temporary total disability (TTD) are in error, however, and we must reverse.
The record before us suggests, contrary to the understanding of the parties and the judge of compensation claims (JCC), that appellee worked for substantially all of the 13 weeks before his injury and, accordingly, section 440.14(l)(a), Florida Statutes, would apply to the calculation of claimant’s AWW. In the event our understanding of the record is incorrect, the JCC may utilize another appropriate method to calculate AWW, but she should apprise the parties of the method chosen.
The JCC’s award of TTD benefits “beginning July 26, 1993” is, in part, erroneous. From the date of the accident, July 26, 1993, through December 15, 1993, Morris received full pay from appellant. Thus, the JCC erred in retroactively awarding TTD benefits for this period. See The Oaks v.
AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.
Although not acknowledged by the parties, Morris’ receipt of full pay would have, in any event, resulted in a zero AWW. § 440.14(2), Fla. Stat. (1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.