In Roberto Trevino v. Mastec, Inc. and ESIS WC Claims Claimant argued that his AWW should be $2,695.00. Based off of the payroll records Claimant received payments for regular hours, overtime, bereavement, holiday and “per diem”. Claimant assumed he could use the “per diem” payment for any purpose; not only for housing. The JCC found that Claimant failed to show that he was entitled to an upward adjustment to his AWW. Since Claimant reached MMI, no temporary benefits were due. AWW and TPD benefits DENIED.
