Klug v. Popeye's
Docket: No. 91-01022
Court: District Court of Appeal of Florida; March 1, 1992; Florida; State Appellate Court
Appeal was filed regarding a judge of compensation claims (JCC) order. The claimant contended that the JCC erred in two respects: 1. The application of Section 440.14(1)(f), Florida Statutes, to determine the claimant's average weekly wage. To apply this section, there must be competent, substantial evidence proving that the claimant was a part-time worker at the time of injury, had a customary practice of part-time employment, and would have continued part-time during the period of disability. The JCC did not make the necessary findings to support the application of this subsection, warranting a remand for reconsideration. 2. The denial of the claimant's chiropractic treatment claim after beginning orthopedic care. The JCC failed to assess whether the chiropractic care post-orthopedic treatment was reasonable and necessary, as required under Section 440.13(2), Florida Statutes. The appellate court reversed the JCC's order and remanded the case for further proceedings consistent with these findings. Judges BOOTH, WOLF, and KAHN concurred.