Sublett-Bowman v. Unifi Delta Airlines / Gallagher Bassett Services, Inc.
JCC Walker (Pensacola) (5-31-23) (Matt Bennett) – Denied adjustment to AWW. The claimant sought to include seasonal wages from her former seasonal job in her AWW. The claimant worked for the Employer as an airline ramp agent. Prior to that, she had worked as a server at a restaurant, but she quit her restaurant job before she began working for the Employer. Her work accident occurred five months later. She was only working with the Employer on the date of accident and in the 13 weeks prior to the accident. The claimant admitted that employees of the restaurant were instructed to ask about returning every season but re-hire was not guaranteed. She also admitted that the restaurant manager did not call her back when she attempted to return, which contradicts that she temporarily departed her employment with the restaurant. The JCC found that the claimant failed to establish that she was a seasonal employee and further that she had no concurrent employment at the time of her work injury and was not entitled to an adjustment to the AWW. Click here to view Order