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FAST TRACT FRAMING, INC. v. CARABALLO

No. 1D07-1773.

994 So.2d 355 (2008)

FAST TRACT FRAMING, INC., and Traveler's Indemnity Company/Saint Paul Travelers, Appellants, v. Jose CARABALLO, Maronda Homes, Inc., of Florida and AIG Claim Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 29, 2008.

Attorney(s) appearing for the Case

Lamar D. Oxford and Alan D. Kalinoski of Dean, Ringers, Morgan & Lawton, Orlando, for Appellants.

Steven M. Meyers of Meyers, Stanley & Waters, Orlando, for Appellee Jose Caraballo.

Margaret E. Sojourner of Langston, Hess, Bolton, Shepard & Augustine, P.A., Maitland, for Appellees Maronda Homes, Inc., of Florida and AIG Claim Services, Inc.

THOMAS, J.

In this workers' compensation appeal, the question presented is whether a claimant's unreported income to the Internal Revenue Service is included in the definition of wages when calculating average weekly wage. We agree with Appellants that the legislature did not intend to include unreported income in its definition of wages contained in section 440.02(28), Florida Statutes (2007). We find that unreported income does not qualify as "wages earned and reported...

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