TheaverageWeeklyWageandSporTSConTraCTS
Workers ’ Compensation Section Chairs : AnthonyV . Cortese – AnthonyV . Cortese , AttorneyatLaw , IreneRodriguez – IreneM . Rodriguez , PA & Ya ’ SheakaWilliams – Quintairos , Prieto , Wood & Boyer
Sports contracts raise unusual issues for the calculation of the average weekly wage in a workers compensation claim . In Detroit Tigers and Sedgwick v . Sodders , No . 1D2023-0827 ( Fla . 1 DCA , June 12 , 2024 ), the injured worker was a pitcher who played in the minor leagues for the Detroit Tigers . He injured his left shoulder on May 25 , 2018 , and was placed on temporary total disability . His pitching career was over shortly after the injury and surgery , and he was on temporary disability until he started another job as a salesman . His average weekly wage was found to be $ 143.23 per week as a result of the methodology for calculation of the average weekly wage used by the First District Court of Appeals , even though he was working full time when he was hurt and minimum wage was $ 8.25 per hour , which would require minimum full-time wages to be no less than $ 330 per week .
Sodders , the pitcher , had not worked for substantially the whole of the 13 weeks before the date of injury , so the primary method of calculating the average weekly wage could not be used , the parties agreed , and they also agreed that there was no similar employee and that the seasonal employee method
usingjusttheyearlycontractinallcasescould failtoadequatelycompensateaninjuredworker .
of calculation was inappropriate . Id . at 3 . See also F . S . 440.14 ( 1 )( a ) and ( b ) and ( c ). The question came down to F . S . 440.14 ( d ) which provides : “ If any of the foregoing methods cannot reasonably and fairly be applied , the full-time weekly wages of the injured employee shall be used .” The contract provided for a yearly salary of $ 7,500 , based on $ 1,500 per month for each of the five months of the season . The claimant contended that the average weekly wage should be $ 348.84 per week ,
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Attorneys Needed for HCBA Lawyer Referral Service
The HCBA would like to extend an invitation to all attorneys to join the HCBA ’ s Lawyer Referral Service . Bilingual attorneys are especially in need as the local Spanish-speaking population is underserved in the following practice areas : probate , consumer protection , immigration , landlord / tenant and business .
To learn more and to join the HCBA ’ s Lawyer Referral Service , visit www . hillsbar . com / page / JoinLRIS ..
Contact Lupe Vazquez-Mitcham at 813 221-7783 or lupe @ hillsbar . com for further information .
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