AWW and "Customary Hours" of Employment
Stubbs v. Bob Dale Construction, decided on 3/25/2008, illustrates just how complicated the computation of a claimant's average weekly wage ("AWW") can be. That determination is governed by §440.14(1), Fla. Stat., which has seven subsections, (a) through (g). Under subsection (a), if the injured worker has worked “substantially the whole of 13 weeks immediately preceding the accident,” then the AWW is 1/13th of the total wages earned during that period. The term “during substantially the whole of 13 weeks” means “not less than 75 percent of the total customary hours of employment” within that period. But what does the term “customary hours” mean? That’s what was at issue in Stubbs.
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