MYERS v. HOLIDAY HOUSE

No. 90-1475.

578 So.2d 349 (1991)

Carol MYERS, Appellant, v. HOLIDAY HOUSE and Cigna Property & Casualty Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 14, 1991.


Attorney(s) appearing for the Case

Mark A. Zimmerman of Zimmerman, Paul & Bauer, DeLand, for appellant.

James M. Hess and Jamie McWilliams of Langston, Hess, Daniels & Murphy, P.A., Maitland, for appellees.


ALLEN, Judge.

Claimant appeals a workers' compensation order by which she was awarded wage loss benefits reduced by deemed earnings of $280 per week. We find that employer/carrier did not present an evidentiary predicate below which would support the application of deemed earnings in accordance with section 440.15(3)(b)2, Florida Statutes (Supp. 1984), and we therefore conclude that claimant's wage loss award should not be reduced by any deemed earnings during the...

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