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KARNES v. CITY OF BOCA RATON

No. 1D 02-4155.

858 So.2d 1264 (2003)

Rex KARNES, Appellant, v. CITY OF BOCA RATON, Appellee.

District Court of Appeal of Florida, First District.

November 17, 2003.

Attorney(s) appearing for the Case

Mario L. Perez; Jo Ann Hoffman, Moore, Baisden & Selwood, Nelson & Perez P.A.; Lauderdale by the Sea, for Appellant.

Robert L. Teitler and Beth J. Leahy; Walton Lantaff Schroeder & Carson, LLP; Miami, for Appellee.

HAWKES, J.

Rex Karnes (Claimant) appeals the JCC's order finding, in pertinent part, that in a non-occupational disease case, an average weekly wage (AWW) award must be determined from an employee's wages for the thirteen weeks prior to the time of injury and is not subject to periodic adjustment. We affirm.

Claimant was involved in a compensable accident in 1989, where he sustained a non-occupational disease injury. In 1993, a merit order was entered awarding...

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