JCC Denies Hybrid Wage Calculation for Roofer Concurrent Earnings

Diego Sanabria asked the JCC to increase his average weekly wage to $1,242.51 after an April 30, 2024 accident while working for SouthEast Personnel Leasing. He argued that his SPLI earnings should be treated as a full-time weekly wage and then combined with a separate weekly average from prior Hyatt earnings.

Judge Wilbur W. Anderson rejected that hybrid approach. Relying on Wal-Mart Stores v. Campbell, the order explains that covered concurrent earnings inside the statutory 13-week period must be pooled into one aggregate sum and divided by thirteen, rather than mixing prospective and retrospective calculation methods.

The JCC accepted the Employer/Carrier calculation of $1,043.12 average weekly wage based on $13,560.61 in total covered earnings divided by 13 weeks. The claim for an AWW increase was denied, and the related claims for penalties, interest, costs, and attorney fees were also denied.

Source: Compensation Order