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Nurse Wins Increase in Weekly Workers' Comp Award

August 19, 2005

A claimant nurse convinced a judge to increase her average weekly benefits in White, Tuwanna v. Destin Healthcare and Rehabilitation Center (12 FLWCLB 104). As a result, Judge Langham adjusted a nurse's average weekly wage rate to account for the raise she received prior to her compensable injury.

The ruling means that if a claimant receives a pay raise during the 13 weeks prior to a compensable injury, the higher wage rate is used to calculate the claimant's AWW as if the claimant earned that rate for the entire 13 weeks.

White, who is a nurse, was able to increase her AWW to reflect a raise she received in the 13 weeks prior to her Jan. 10, 2003, workplace accident. The claimant received temporary indemnity benefits when she was off work for surgery. She contested the employer/carrier's calculation of her AWW rate, noting that she received a raise in her base hourly rate during the first three weeks of the 13-week wage statement.

The claimant argued that the weeks she worked at the lower hourly rate had to be adjusted to prospectively account for the raise that occurred during the 13 weeks. Because the E/C provided no contradictory authority to what the claimant cited, the Judge of Compensation Claims recalculated the claimant's AWW using the hourly rate the claimant received at the time of her injury.