BRANNON v. MARION COUNTY SHERIFF'S OFFICE

No. TT-61.

391 So.2d 253 (1980)

Edgar Ray BRANNON, Appellant, v. MARION COUNTY SHERIFF'S OFFICE and Associated Indemnity Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 12, 1981.


Attorney(s) appearing for the Case

Gavin D. Lee of Nance, Cacciatore & Sisserson, Melbourne, for appellant.

Pattillo, MacKay & McKeever, Ocala, for appellees.


THOMPSON, Judge.

The appellant challenges a worker's compensation order, contending in part that the Deputy Commissioner ("the Deputy") erred in determining the basis for the appellant's rate of compensation. We agree and reverse. Upon consideration of the briefs and the record, we find that pursuant to § 440.15(5)(c), Fla. Stat. (1975), the rate of compensation should be based on the appellant's average weekly wage as of September 1, 1976.

The appellant...

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