When computing the claimant’s Average Weekly Wage, “AWW” one must include “concurrent employment” if applicable. Fla. Stat. § 440.02(27). “Concurrent” is a term left undefined by Florida Workers’ Compensation Law, but case law suggests it means a “second job” or “moonlighting” that is expected to continue. Cato Corp. v. Stuart, 711 So. 2d 1375 (Fla. 1st DCA 1998). “Employment” is statutorily defined to mean “any service performed by an employee for the person employing him or her” but statutorily excludes work in four areas:
(1) domestic servants in private homes,
(2) most seasonal farming involving five or fewer regular employees,
(3) professional athletes, and
(4) community service imposed by a criminal sentence.
See Fla. Stat. § 440.02(16)(a)-(c) (2015).
For purposes of concurrent earnings, the phrase “any service performed” in the definition of “employment” in section 440.02(15)(a) “is extremely broad.” Reaves v. United Parcel Service, 792 So. 2d 688, 689–691 (Fla. 1st DCA 2001). In addition to the four exceptions, also excluded is any area of work for which coverage under the Florida Workers Compensation Law does not apply – such as an independent contractor. Anna Maria Fire Control Dist. v. Angell, 528 So. 2d 456 (Fla. 1st DCA 1988). As such, wages earned in such excluded areas of work cannot be included in the AWW as “concurrent employment.” See Jay Livestock Market v. Hill, 247 So. 2d 291 (Fla. 1971). Continue reading →