Anstead v. Cox Broadcasting

ERVIN, Judge,

specially concurring.

I concur in affirming the deputy’s order solely because I feel bound by the rule stated in Apholz v. North American Van Lines, 427 So.2d 1094 (Fla. 1st DCA 1983); Coles v. Gainesville Bonded Warehouse, 409 So.2d 1205 (Fla. 1st DCA 1982); Silver Springs, Inc. v. Scardo, 408 So.2d 844 (Fla. 1st DCA 1982), and their progeny, holding that an employee cannot utilize the method prescribed by section 440.14(l)(c), Florida Statutes, if he or she has in fact worked for *20013 weeks preceding the employee’s injury. Nevertheless, I disagree with the above cases because they…