Special Disability Trust Fund, Department of Labor & Employment Security v. Sunshine Junior Stores, Inc.

I dissent. I would reverse the deputy’s order.

I agree with the majority that the legislature’s intent in creating the Fund is stated in Section 440.49(2)(a), Florida Statutes (1981). Although not stated by the majority, it was also the legislature’s intent that Section 440.49(2)(g), Florida Statutes (1981), apply to wage loss payments. This is clear because Section 440.15(3), Florida Statutes (1981), refers to permanent impairment and wage loss benefits; therefore, payments for wage loss are compensation for permanent disability.

The legislature did not change the 60-day filing limitation…