In Lubomir Richvalsky v. Peoplease LLC and Next Level Administrators, LLC seeking to establish a higher AWW, claimant advanced his claim to have the wages of a similar employee applied in this matter. There was no dispute that claimant had not worked substantially the whole of the 13 weeks prior to the accident. The question presented for JCC determination was whether the named employee was a similar employee. Upon review of the evidence, the JCC determined claimant failed to demonstrate the employee had the same duties as claimant. Additionally, the JCC noted the employee was also paid a higher hourly wage than claimant. Based on the foregoing, the JCC DENIED claimant’s request for increase in AWW and concluded the E/C had correctly utilized claimant’s full-time wages for the actual duration of his employment.
