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BALLARD v. MORNING STAR CONST., ERC

No. 92-859.

629 So.2d 322 (1993)

Bobby BALLARD, Appellant, v. MORNING STAR CONSTRUCTION and ERC, Appellees.

District Court of Appeal of Florida, First District.

December 28, 1993.

Attorney(s) appearing for the Case

George J. Adler, Orlando, for appellant.

Susan E. Sewell, Orlando, for appellees.

PER CURIAM.

Bobby Ballard appeals a workers' compensation order denying his claim for an increase in his average weekly wage and the corresponding compensation rate. We affirm in part, reverse in part, and remand for further proceedings.

Ballard first argues that the judge of compensation claims erred in applying section 440.02(24), Florida Statutes (Supp. 1990), because it was held unconstitutional in Martinez v. Scanlan, 582 So.2d...

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