McNEIL v. PROGRESSIVE DRIVER SERVICES

No. BP-281.

513 So.2d 195 (1987)

Aaron McNEIL, Appellant, v. PROGRESSIVE DRIVER SERVICES and Liberty Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

September 10, 1987.


Attorney(s) appearing for the Case

Richard A. Sicking of Kaplan, Sicking & Bloom, P.A., Miami, for appellant.

Rosalind R. Kalinsky and H. George Kagan of Miller, Hodges, Kagan & Chait, Deerfield Beach, for appellees.


ERVIN, Judge.

The appellant/claimant in this workers' compensation case appeals that portion of an order by the deputy commissioner (dc), reducing the amount of wage-loss benefits that claimant is entitled to receive by application of the "deemed earnings" provision, Section 440.15(3)(b)2, Florida Statutes. We find no basis for reducing claimant's wage-loss benefits by the use of such rationale and reverse.

Claimant, while employed as a tractor/trailer driver...

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