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Thomas-Johnston v. Publix Supermarkets, Inc.

District Court of Appeal of Florida, First District
Dec 21, 1998
721 So. 2d 1235 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1275.

December 21, 1998.

An appeal from an order entered by Judge of Compensation Claims Ivy Cream Harris.

Betsy E. Gallagher of Gallagher Howard, Tampa, for Appellant.

Mary K. Eckels and Benford L. Samuels, Jr., of Boyd Jenerette, P.A., Jacksonville, for Appellees.


We approve the calculation of Ms. Thomas-Johnston's average weekly wage on the basis of the pay she received for the six full weeks 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.


Summaries of

Thomas-Johnston v. Publix Supermarkets, Inc.

District Court of Appeal of Florida, First District
Dec 21, 1998
721 So. 2d 1235 (Fla. Dist. Ct. App. 1998)
Case details for

Thomas-Johnston v. Publix Supermarkets, Inc.

Case Details

Full title:Sara V. THOMAS-JOHNSTON, Appellant, v. PUBLIX SUPERMARKETS, INC. and ITT…

Court:District Court of Appeal of Florida, First District

Date published: Dec 21, 1998

Citations

721 So. 2d 1235 (Fla. Dist. Ct. App. 1998)

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