Florida Injury Attorneys Blog
When computing the claimant’s Average Weekly Wage, “AWW” one must include “concurrent employment” if applicable. Fla. Stat. § 440.02(27). “Concurrent” is a term left undefined by Florida Workers’ Compensation Law, but case law suggests it means a “second job” or “moonlighting” that is expected to continue. Cato Corp. v. Stuart, 711 So. 2d 1375 (Fla. 1st DCA 1998). “Employment” is statutorily defined to mean “any service performed by an employee for the person employing him or her” but statutorily excludes work in four areas:
(1) domestic servants in private homes,
(2) most seasonal farming involving five or fewer regular employees,
(3) professional athletes, and
(4) community service imposed by a criminal sentence.
See Fla. Stat. § 440.02(16)(a)-(c) (2015).
For purposes of concurrent earnings, the phrase “any service performed” in the definition of “employment” in section 440.02(15)(a) “is extremely broad.” Reaves v. United Parcel Service, 792 So. 2d 688, 689–691 (Fla. 1st DCA 2001). In addition to the four exceptions, also excluded is any area of work for which coverage under the Florida Workers Compensation Law does not apply – such as an independent contractor. Anna Maria Fire Control Dist. v. Angell, 528 So. 2d 456 (Fla. 1st DCA 1988). As such, wages earned in such excluded areas of work cannot be included in the AWW as “concurrent employment.” See Jay Livestock Market v. Hill, 247 So. 2d 291 (Fla. 1971). Continue reading →
Our goal: We seek to get your treatment. The treatment can include medication, psychological care, and settlement funds to return you to gainful employment. We apply for benefits for you through filing an 
Now the term “experimental” includes medical services, procedures, drugs, equipment, or supplies. These are considered experimental if their efficacy has not been proven for a particular diagnosis, or if their safety and validity is unclear or unknown. Likewise, the term investigative includes these same services and devices when they are known to be safe but their efficacy is still under investigation. Before denying a claim for medical treatment on the argument that the treatment is experimental or investigative the carrier must first refer the request for treatment to the Department of Financial Services.
Third: What is my hearing loss worth? Compensation for total loss of hearing in one ear is fifty-two (52) weeks and compensation for total loss of hearing in both ears is two hundred (200) weeks. How much loss you have in your hearing can be determined by the results of an audiogram. Next the calculation is made to find out how much compensation you could be entitled to based on your average weekly wage while working for your employer. Let us say for example you worked earning roughly $1,000.00 per month. This would result in an average weekly wage of roughly $230.77 ($12,000 per year divided by 52 weeks). The proper compensation rate would be two-thirds of your average weekly wage, so in this example, the compensation rate would be $153.85. Now let us say, by calculating your audiogram, that you have suffered a 30% loss in both of your ears, also known as binaural hearing loss. To determine how much you could be entitled to for compensation, you would take the 200 weeks (as indicated by the scheduled list in Section (8) of the Act) and multiply by 30% which would equal 60 weeks. This means you could be entitled to 60 weeks’ worth of compensation at a rate of $153.85, which would equal roughly $9,230.40. We also litigate to get you hearing aids if you want them.