Winn Dixie v. Robinson

BARFIELD, Judge.

The employer and servicing agent (E/SA) appeal from a worker’s compensation order in which the Judge of Compensation Claims (JCC) awarded wage loss benefits. The E/SA contend that the JCC used an incorrect legal standard in determining that the claimant’s right to wage loss benefits had not terminated pursuant to section 440.15(3)(b)3.a., Florida Statutes (1987). We agree and remand for reconsideration.

Section 440.15(3)(b)3.a. provides that the right to wage-loss benefits shall terminate “[a]s of the end of any 2-year period commencing at any time subsequent to the month when…