JCC Excludes Project Housing from Average Weekly Wage

In Nelson Enrique Lara v. Tee-Off-Temps, Inc./Service American Indemnity Company and CCMSI, Judge Barbara K. Case addressed whether lodging provided on out-of-state golf-course projects should be added to the claimant's average weekly wage after a compensable ankle injury.

The claimant argued that the value of housing arranged by Frontier Golf should be included because he had worked on projects away from Florida for more than a year, or alternatively because he qualified as a migrant worker. The employer/carrier responded that the lodging was temporary, project-specific housing, not the claimant's permanent year-round residence, and that it was arranged by Frontier rather than Tee-Off-Temps.

The JCC rejected the migrant-worker argument because the work involved golf-course construction and renovation rather than planting, cultivating, or harvesting agricultural crops. The order also found the furnished rentals were shared, temporary project lodging, while the claimant kept his West Palm Beach home, mail, belongings, and intent to return there.

Because the housing was not a permanent year-round residence furnished by the employer, the JCC denied the requested AWW/compensation-rate adjustment, the related TTD/TPD adjustment, penalties, interest, attorney fees, and costs. OJCC Case No. 26-002309BKC.

Source: Compensation Order