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TARGET WOODWORK v. ATLANTIC MUT. INS. CO.

No. 1D09-4130.

38 So.3d 171 (2010)

TARGET WOODWORK and Atlantic Mutual Insurance Company/Rem Risk Enterprise Management, Ltd., Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY and Remberto Rodriguez, Appellees.

District Court of Appeal of Florida, First District.

April 20, 2010.

Attorney(s) appearing for the Case

James T. Armstrong and Leticia G. Coleman of Walton Lantaff Schroeder & Carson LLP, Miami, for Appellants.

Barbara B. Wagner of Wagenheim & Wagner, P.A., Fort Lauderdale, for Appellee Remberto Rodriguez.

PER CURIAM.

In this workers' compensation appeal, the Employer/Carrier (E/C) seeks review of an order of the Judge of Compensation Claims (JCC) wherein the JCC calculated Claimant's average weekly wage (AWW) to include the value of health insurance benefits. Because those benefits had not yet vested at the time Claimant was injured, we reverse.

The parties agree that Claimant was injured on the 88th day of employment and his health insurance benefits were...

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