Jarquin v. American Airlines: AWW Increase for Health Coverage Change Denied

In Jader L. Jarquin v. American Airlines Inc./Sedgwick CMS, OJCC Case No. 25-004415MGK, Judge Margret G. Kerr considered whether a baggage handler's change from family health coverage to coverage for himself and his children required an increase in his average weekly wage. The claimant sought an AWW adjustment for fringe benefits from September 4, 2025 through August 3, 2026, plus penalties, interest, attorney's fees, and costs.

The claimant dropped his wife from the plan after struggling to afford his contributions, but his own coverage continued and the employer continued paying its health-insurance contributions without interruption. Reading sections 440.14(4) and 440.02(40), Florida Statutes, together, the JCC concluded that an AWW adjustment requires termination of the claimant's benefits and a concurrent end to the employer's contributions. A partial, retroactive change in coverage did not satisfy those conditions.

The JCC denied the requested AWW increase, penalties, interest, attorney's fees, and costs. The order rejected the employer/carrier's separate res judicata and waiver defenses because the coverage change occurred after the earlier petitions were filed, but that ruling did not alter the denial on the merits.

Source: Compensation Order