Curtis L. Beasley, Sr., vs. Phoenix Coatings, Inc., James Wagasy/Amerisure Mutual Insurance Company
Oct 06, 2008OUTCOME: Successful defense against indemnity claim
Plaintiff/Claimant sought determination of average weekly wage and back due indemnity benefits against insurance carrier. During my cross examination of the plaintiff/claimant, he admitted to not havin ... g filed nor reported his income to the IRS for 2006. Therefore, pursuant to section 440.02(24), Florida Statute (1994), the plaintiff/claimant could not meet the statutory requirement to claim average weekly wage nor receive any indemnity benefits. The Judge's order found that the plaintiff could not prove an average weekly wage which constituted zero back due indemnity benefits. Therefore, my client prevailed against the plaintiff/claimant.
