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McCARTHY v. BAY AREA SIGNS

No. 93-1159.

639 So.2d 1114 (1994)

Charles McCARTHY, Appellant/Cross Appellee, v. BAY AREA SIGNS and Armor Insurance Company, Appellees/Cross Appellants.

District Court of Appeal of Florida, First District.

July 25, 1994.

Attorney(s) appearing for the Case

William P. Levens, Tampa, for appellant/cross appellee.

Tony A. Turner of Shofi, Smith, Hennen, Jenkins, Stanley & Gramovot, P.A., Tampa, for appellees/cross appellants.

PER CURIAM.

This workers' compensation case raises questions concerning the computation of wage-loss benefits for a worker who suffered a compensable accident on February 26, 1990. McCarthy's employer and the employer's carrier invoke section 440.15(3)(b)5, Florida Statutes (1991), which provides that the right to wage-loss benefits shall terminate altogether, if the claimant voluntarily limits his income on three occasions within a two-year period. They argue that...

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