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COLEMAN v. BURNUP AND SIMS, INC.

95 So.2d 895 (1957)

Chester COLEMAN, Petitioner, v. BURNUP AND SIMS, Inc., Standard Accident Insurance Company, and Florida Industrial Commission, Respondents.

Supreme Court of Florida, Division B.

June 12, 1957.

Attorney(s) appearing for the Case

Heaton & Dye, Tallahassee, for petitioner.

Earnest, Smith, Jones, Paine & Foster and James C. Paine, West Palm Beach, Burnis T. Coleman and Rodney Durrance, Tallahassee, for respondents.

TERRELL, Chief Justice.

Coleman, the claimant, was injured while in the employment of respondent, Burnup and Sims, Inc. His injury occurred two and one-half weeks after he was employed, making recovery depend on Section 440.14 (2), Florida Statutes, F.S.A. as follows:

"If the injured employee shall not have worked in such employment during substantially the whole of thirteen weeks immediately preceding the injury, the wages of a similar employee in the same...

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