Abel N. Trujillo v. Fedex Corp. and Indemnity Insurance Co. of North America

In Abel N. Trujillo v. Fedex Corp. and Indemnity Insurance Co. of North America the issue is Claimant’s correct average weekly wage and the adjustment of prior indemnity benefits paid to reflect any increase. The Claimant argues that he is entitled to an increase of his AWW to $600.00 based on full-time wages of 40 hours at $15.00 per hour. Claimant asserts that he accepted a part-time seasonal position with FedEx, intending to seek a full time position with the company. The E/C argues that Claimant was part time by applying for and working a part time job with the Employer and Claimant has not worked full time employment in the past decade. The JCC concluded claimant’s AWW was $225.62 based on his part time employment. Adjustment for AWW and TPD benefits DENIED.

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