Infinger Transportation Company and Travelers Insurance Company v. Ronald Johnson

We affirm the order of the judge of compensation claims insofar as it concludes
that appellee's right knee injury was compensable, and also conclude that the judge of
compensation claims made a "‘fair and reasonable calculation of average weekly wage
under section 440.14(1)(d),'" Florida Statutes (2001). Mauranssi v. Centerline Utils.
Contract Co., 685 So. 2d 66, 68 (Fla. 1st DCA 1996) (quoting Jackson v. Hochadel
Roofing Co., 657 So. 2d 1266, 1267-68 (Fla. 1st DCA 1995)).
But the award of temporary partial disability benefits from February 5, 1997 to
October 19, 2001 exceeds the statutory maximum of 104 weeks. See §§ 440.15(2)(a),
(4)(b), Fla. Stat. (2001); Bober v. Bush Air Conditioning & Claims Ctr., 826 So. 2d
487, 488 (Fla. 1st DCA 2002) ("[A]n award of any combination of temporary total
disability benefits and temporary partial benefits is limited to a maximum of 104
weeks."); Okeechobee Health Care v. Collins, 726 So. 2d 775, 776 (Fla. 1st DCA
1998) ("[T]he Legislature intended to limit temporary disability benefits, whether
payable under [section 440.15] subsection (2) or under subsection (4), to 104
weeks."). Accordingly, we reverse the order under review insofar as it awards
excessive temporary disability benefits, "and remand for entry of an order that does
not award temporary disability benefits for periods aggregating more than 104 weeks."
Collins, 726 So. 2d at 775.