Shenefield v. Consulate Health Care / dba Central Park Healthcare and Rehabilitation Center
JCC Dietz (Sebastian/Melbourne)(Paul Terlizzese)(6-10-21) – Awarded fees and costs for adjustment to the AWW. The E/C based the claimant’s AWW on her actual earnings for the thirteen weeks prior to the accident. The AWW was adjusted to the proper amount more than 30 days after the Petition for Benefits was filed. Claimant argued she did not work 75% of her full-time hours based on a contract of hire that entitled her to 36 hours per week. The JCC found the claimant worked substantially the whole of the 13 weeks before her accident and there was no contract of hire for 36 hours per week. The JCC disagreed with E/C’s argument that since an overpayment was made, the issue of an increase of the average weekly wage was not ripe, due, and owing because the adjustment of the average weekly wage would take years to recoup. https://www.jcc.state.fl.us/Finals/20016960_229_06102021_03394089_i.pdf |