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BRETT v. PUBLIX SUPERMARKETS, INC.

No. 94-4071.

668 So.2d 664 (1996)

Michael BRETT, Appellant, v. PUBLIX SUPERMARKETS, INC. and Specialty Risk Services, Appellees.

District Court of Appeal of Florida, First District.

February 21, 1996.

Attorney(s) appearing for the Case

Patrick J. Deese of Patrick J. Deese, P.A., Melbourne and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Appellant.

Paul L. Westcott of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Vero Beach, for Appellees.

ALLEN, Judge.

In this workers' compensation case the judge applied section 440.15(3)(b)4.d(II), Florida Statutes (1991), as limiting the claimant's wage loss eligibility to a consecutive period of 52 weeks commencing upon the attainment of maximum medical improvement. Winn Dixie v. Resnikoff, 659 So.2d 1297 (Fla. 1st DCA 1995), establishes that section 440.15(3)(b)4.d does not create an uninterrupted period of eligibility...

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