Florida District Courts of Appeal, 1998

Thomas-Johnston v. Publix Supermarkets, Inc.

Florida District Courts of Appeal · Decided December 21, 1998 · Benton, Booth, Nortwick

721 So. 2d 1235; 1998 Fla. App. LEXIS 15974; 1998 WL 885012 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

James v. ARMSTRONG WORLD INDUSTRIES, INC. (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We approve the calculation of Ms. Thomas-Johnston’s average weekly wage on the basis of the pay she received for the six full *1236weeks she worked before the accident. Because she had not worked the thirteen weeks immediately preceding the accident, section 440.14(1)(d), Florida Statutes (1989), applies. See Mauranssi v. Centerline Utils. Contract Co., 685 So .2d 66, 68 (Fla. 1st DCA 1996); Jackson v. Hochadel Roofing Co., 657 So.2d 1266, 1267-68 (Fla. 1st DCA 1995). We reverse and remand, however, because we agree with Ms. Thomas-Johnston’s contention that the evidence supports a finding that her average weekly wage was $225, based on the methodology the judge of compensation claims adopted.

Reversed and remanded.

BOOTH, BENTON and VAN NORTWICK, JJ., Concur.

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