Waddell v. USS Agri-Chemicals

WIGGINTON, Judge.

Appellant appeals the deputy commissioner’s denial of his claim for additional wage-loss benefits. The denial was based on the ground that the claim is barred by section 440.15(3)(b)3.a., Florida Statutes (1981), which provides that the right to wage-loss benefits terminates at the end of any two-year period commencing at any time subsequent to the month in which the injured employee reaches the date of maximum medical improvement, unless during the two-year period, wage-loss benefits shall have been “payable” during at least three consecutive months. We reverse.

During two or…