Campbell v. L & C Construction
Campbell v. L & C Construction
Opinion of the Court
In this workers’ compensation appeal, claimant, Donald Campbell, challenges a final order raising five issues. We find that two issues regarding appellant’s past benefits have merit and reverse and remand for a recalculation of these benefits. We affirm all other findings in the order.
First, the judge of compensation claims (JCC) found that appellant’s average weekly wage (AWW) was $679.04, and not $640.00, which appellant’s employer L & C Construction used to calculate previously paid benefits. The JCC failed, however, to award appellant the difference between the previously paid benefits calculated at the lower (and. erroneous) AWW figure and the benefits calculated at the proper $679.04 AWW figure. We reverse and remand for entry of an order awarding appellant the difference between what he received and what he would have received had his compensation rate been based on the AWW determined by the JCC. See generally, Whitner v. Boulevard Tire Ctrs., 812 So.2d 592 (Fla. 1st DCA 2002).
Second, appellant sought temporary partial or temporary total disability (TPD or TTD) benefits from June 15, 2001, through the date of the hearing. Although the JCC found that TTD benefits were warranted because appellant’s treating physician found he was unable to work, the JCC ultimately held that appellant was not entitled to such, benefits after May 24, 2001. There is no competent substantial evidence establishing that appellant’s work
Case-law data current through December 31, 2025. Source: CourtListener bulk data.