STATE DEPARTMENT OF TRANSPORTATION v. HOULIHAN

No. YY-228.

402 So.2d 490 (1981)

STATE DEPARTMENT OF TRANSPORTATION, et al., Appellants, v. Daniel HOULIHAN, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 9, 1981.


Attorney(s) appearing for the Case

W. Michael Miller and Wendell J. Kiser of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Edward H. Hurt, Bill McCabe of Shepherd, McCabe & Cooley, Orlando, for appellee.


WENTWORTH, Judge.

Employer/carrier appeal a workers' compensation order and allege that the deputy erred in the determination of claimant's compensation rate. We conclude that the deputy did err by utilizing an inapplicable statute.

Section 440.15(2)(a), Florida Statutes (1978), provides that, for temporary total disability, a claimant is entitled to 60% of his average weekly wage. In 1979 the legislature amended this provision so that a claimant is now entitled...

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