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WAYMIRE v. FLORIDA INDUSTRIAL COMMISSION

No. 33829.

174 So.2d 404 (1965)

Ray V. WAYMIRE, Petitioner, v. FLORIDA INDUSTRIAL COMMISSION, Andrews Distributors, Inc., and the Home Indemnity Company, Respondents.

Supreme Court of Florida.

Rehearing Denied May 11, 1965.

Attorney(s) appearing for the Case

James T. Earle and Philip J. Rogers, of Masterson, Lloyd & Rogers, St. Petersburg, for petitioner.

Mann, Harrison, Mann & Rowe, St. Petersburg, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.

THORNAL, Justice.

We have for review an order of the Florida Industrial Commission which affirmed an order of a deputy commissioner awarding certain compensation benefits.

We must decide whether the "average weekly wage" of an employee who is paid by commissions which fluctuate in amount, but who has worked full time, is determined by the amount of commissions paid during the 13 weeks immediately preceding the injury.

Claimant Waymire suffered a compensable...

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