Opinion
No. AL-325.
March 11, 1983.
An appeal from an order of Deputy Commissioner Joseph Hand.
C. Randal Morcroft, Fort Lauderdale, for appellants/cross-appellees.
Stuart F. Suskin of Abrams Suskin, North Miami Beach, for appellee/cross-appellant.
The employee/carrier, having voluntarily dismissed their appeal, leave before us claimant's cross-appeal challenging the constitutionality of Section 440.15(3). This statutory provision has been considered by the court in Carr v. Central Florida Aluminum Products, Inc., 402 So.2d 565 (Fla. 1st DCA 1981), Acton v. Ft. Lauderdale Hospital, 418 So.2d 1099 (Fla. 1st DCA 1982), Mahoney v. Sears, Roebuck Co., 419 So.2d 754 (Fla. 1st DCA 1982) and Alfred John v. GDG Services, Inc., 424 So.2d 114 (Fla. 1st DCA 1982) and in each case has withstood the attack. Accordingly, the cross-appeal is denied.
NIMMONS, J., concurs.
BOOTH, J., dissents with written opinion.
I dissent for the reasons stated in Mahoney v. Sears, Roebuck Company, 419 So.2d 754, 756 (Fla. 1st DCA 1982) (dissenting opinion).