In the Miami workers compensation case of Elvis Rodriguez Reyes v. JR Work Forming LLC and Florida Citrus concerned three issues; the provision of average weekly wage (AWW), temporary indemnity benefits, and compensation.
After the claimant’s workplace accident, the E/C determined his AWW to be nothing. They claimed that since the claimant had yet to pay taxes, and had failed to report his earnings so far, he was not owed an AWW. This was contested by evidence that the claimant had hired an accountant to secure a tax ID for filing taxes. The AWW was determined to be $613.50.
Based upon evidence from the claimant’s doctors, the claimant was determined to be entitled to temporary partial disability (TPD) benefits, but not temporary total disability (TTD) benefits. Though the claimant also sought compensation for neck pain, this compensation was denied since there was no mention of his neck in medical reports.
AWW of $613.50 GRANTED
TPD GRANTED, TTD DENIED
Compensation for neck DENIED