Daniel v. Holmes Lumber Co.

I dissent. Rather than deal with the somewhat unusual facts in this case and the deputy commissioner’s complex order attempting to adjudicate the issues, the affirming judges revert to a re-reading of Watson v. Delta Airlines, Inc., 288 So.2d 193 (Fla.1973), recede from this court’s pri- or decision in Johnson v. Division of Forestry, 397 So.2d 761 (Fla. 1st DCA 1981), rev. den., 407 So.2d 1103 (Fla.1981), and revive the “2 year gap” theory of Miller v. Brewer Company of Florida, Inc., 122 So.2d 565 (Fla.1960), which Watson found no longer applicable under statutory changes subsequent to…