WITZKY v. WEST COAST DUP. & CLAIMS CENTER

No. BM-290.

503 So.2d 1327 (1987)

James WITZKY, Appellant, v. WEST COAST DUPLICATING & CLAIMS CENTER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 1987.


Attorney(s) appearing for the Case

A. Dawn Hayes, of Earle & Thompson, St. Petersburg, for appellant.

Kathleen R. Hudson, St. Petersburg, for appellee.


ZEHMER, Judge.

Claimant, James Witzky, appeals an order of the deputy commissioner excluding certain commissions from the calculation of his average weekly wage. He argues it was error to exclude commissions earned but not paid to him during the thirteen-week period immediately preceding the industrial accident. We reverse.

Claimant injured his lower back in a work related accident on February 26, 1985. At the time of the accident, claimant was employed by...

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