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Rudd Sod Co. v. Reeves

District Court of Appeal of Florida, First District
Mar 9, 1992
595 So. 2d 254 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1122.

March 9, 1992.

Appeal from the Judge of Compensation Claims, Charles Vocelle.

Susan E. Sewell, Law Office of Joseph E. Smith, P.A., Orlando, for appellants.

Susan W. Fox, MacFarlane, Ferguson, Allison Kelly, Tampa, for appellee.


Rudd Sod Company and Executive Risk Consultants, Inc. (E/C) raise several issues on appeal of a final order of a judge of compensation claims (JCC). We find that only one has merit: Whether the JCC erred in including the employer's contribution for uniforms in calculating the employee's average weekly wage (AWW). Effective July 1, 1990, the statutory definition of "wages" was amended to, among other things, delete the reference to employer contributions for uniforms. See ch. 91-1, § 1, Laws of Fla.; § 440.02(24), Fla. Stat. (1991). We, therefore, determine that including this item in the calculation was error. The case is, therefore, reversed and remanded for a recalculation of the AWW. In all other respects, the order is affirmed.

BOOTH, WOLF and KAHN, JJ., concur.


Summaries of

Rudd Sod Co. v. Reeves

District Court of Appeal of Florida, First District
Mar 9, 1992
595 So. 2d 254 (Fla. Dist. Ct. App. 1992)
Case details for

Rudd Sod Co. v. Reeves

Case Details

Full title:RUDD SOD COMPANY AND EXECUTIVE RISK CONSULTANTS, INC., APPELLANTS, v…

Court:District Court of Appeal of Florida, First District

Date published: Mar 9, 1992

Citations

595 So. 2d 254 (Fla. Dist. Ct. App. 1992)

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