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by dividing $ 1,500 per month by 4.3 to get a weekly wage . The employer / carrier contended that because the salary was only $ 7,500 per year , the contract wage required that the $ 7,500 per year be divided by the full year . This would result in a figure of $ 144.23 per week . The First District Court of Appeals ruled that the employer / carrier was correct , in an opinion which avoided mentioning the final actual calculation . A concurrence made an admission that : “ Using just the yearly contract in all cases could fail to adequately compensate an injured worker .”
The claimant was a young pitching prospect , and the Detroit Tigers were calling up many young pitching prospects that year , so his wages would have increased exponentially if he had not been hurt , but that is a speculative issue . However , the average weekly wage resulting from the method selected by the First District Court of Appeals would be less than half as much as the “ full time wages ” the claimant was actually paid in the weeks that he worked . The opinion also ignores the legal minimum wage for full time work in Florida at the time . It will be interesting to see what types of calculations will be applied in the future , particularly when college football players make workers compensation claims . 1 n
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See https :// www . sportico . com / law / analysis / 2024 / college-athlete- pay-workers-compensation- 1234784341 /.
Anthony V . Cortese – Anthony V . Cortese , Attorney at Law
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