TheimPacTofBonusesonThecalculaTionofTheaveraGeweeklywaGe
Workers Compensation Section
continuedfrompage58
the First dCA discussed that the entire objective of wage calculation is to arrive at a fair approximation of the claimant ’ s probable future earning capacity . Id . Her disability reaches into the future , not the past ; her loss because of injury must be thought of in terms of his impact on probable future earnings , perhaps for the rest of her life . The First dCA ordered that a quarter of the merit bonus shall be included in the calculation of the AWW .
This case provides clarity as to the calculation of the AWW , and we must remember that the AWW is based on monies earned during the 13 weeks that precede the accident and not the date of
the wages are paid . Id . at 733 . Adjustment of the average weekly wage appears to be necessary when receiving documentation of a bonus being paid after an industrial accident and earned during the 13 weeks that precede the accident . n
Author : Ya ’ Sheaka C . Williams – Quintairos , Prieto , Wood & Boyer , P . A .
Workers ’ Compensation Section Luncheon / CLE
onseptember21 , theworkers ’ compensation sectionhostedaninformativecleonthetopicof PracticeandProfessionalism , withfourJudgesof compensationclaimsservingaspanelists . Judges Briananthonyandmarka . massey ( inperson ) and Judgesroberta . arthurandritayoung ( attending remotely ) providedanoverviewofthedoah / oJcc , anddiscussedtheimportanceofknowingand followingthe60qrules ; ethicsandprofessionalism inmembers ’ dailypractice ; timelycompletionof discovery ; theamendmentstothefloridaworkers ’ compensationrulesofProcedure ; andtheeffectof themergerofthelakelanddistrictofficeintothe Tampadistrictoffice . Thankyoutothejudgesfor takingthetimetospeaktoourmembers .
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