DENNY'S RESTAURANT v. BELL

No. 94-3337.

659 So.2d 1374 (1995)

DENNY'S RESTAURANT, Appellant, v. Jody BELL, Appellee.

District Court of Appeal of Florida, First District.

September 11, 1995.


Attorney(s) appearing for the Case

Alan D. Kalinoski of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for appellant.

John D. Kaylor of Kaylor & Kaylor, Winter Haven, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellee.


ALLEN, Judge.

The employer/carrier appeal a workers' compensation order by which unreported tips were included in the average weekly wage computation. The employer/carrier contend that this is contrary to the written reporting requirement in section 440.02(24), Florida Statutes (Supp. 1990). We conclude that the employer/carrier may not rely on this provision when they have failed to adequately inform the claimant of her potential rights and responsibilities under...

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