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SEARS COMMERCIAL SALES v. DAVIS

No. 89-1641.

559 So.2d 237 (1990)

SEARS COMMERCIAL SALES and Allstate Insurance Co., Appellant, v. Retha DAVIS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 1, 1990.

Attorney(s) appearing for the Case

John R. Hargrove and Lillian P. Wolf, of Heinrich Gordon Batchelder Hargrove Wiehe & Gent, Fort Lauderdale, for appellant.

Richard L. Wagenheim, of Korman, Scorr & Wagenheim, and Alyssa M. Reiter, of Bunnell & Woulfe, Fort Lauderdale, for appellee.

SHIVERS, Chief Judge.

The employer/carrier (E/C) in this workers' compensation case appeal an order of the Judge of Compensation Claims (JCC) adjusting the claimant's average weekly wage (AWW) to include a weekly mileage allowance paid by the employer. We reverse the JCC's order for the reasons stated below.

The record on appeal indicates that the claimant, Retha Davis, was injured in a compensable accident occurring on July 14, 1986, while employed as a commissioned...

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