S.E. ENVIRONMENTAL CONTR., INC. v. CAYASSO

No. 92-629.

611 So.2d 7 (1992)

S.E. ENVIRONMENTAL CONTRACTORS, INC. and Cigna Insurance Company, Appellants, v. Hedley CAYASSO, Appellee.

District Court of Appeal of Florida, First District.

December 15, 1992.


Attorney(s) appearing for the Case

James N. McConnaughhay and M. Kemmerly Thomas of McConnaughhay, Roland, Maida, Cherr & McCranie, P.A., Tallahassee, for appellants.

Jeffrey S. Breslow, Miami, for appellee.


ALLEN, Judge.

The employer/carrier appeal a workers' compensation order by which the judge declined to apply the 80/80 percent wage-loss formula in section 440.15(3)(b)1, Florida Statutes (1990), because the claimant was unemployed and had no earnings during the claimed period of wage-loss. We conclude that, in accordance with the clear statutory language, the 80/80 formula applies regardless of whether the claimant had any such earnings.

Section 440.15(3...

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