Posted in Newsletters - 2013 on March 4, 2013
We have been receiving a lot of questions regarding whether the First District Court of Appeal's recent decision in Westphal v. City of St. Peterburg, 1D12-3563 2013 WL 718653 (Fla. 1st DCA Feb. 28, 2013), finding the 104 week limitation on temporary total disability benefits contained in Florida Statute Section 440.15(2)(a) (2009) unconstitutional, is effective immediately.
Posted in Newsletters - 2013 on March 1, 2013
Yesterday we advised of the issuance of Westphal v. City of St. Petersburg, First DCA Case No. 1D12-3563, in which the appellate court held the 104 week limitation on temporary total disability benefits contained in Florida Statute 440.15(2)(a) (2009) is unconstitutional as creating a gap in benefits available to injured workers. As a result of this decision, the Court further held that that section of the law would revert to the state of the law in effect before the amendment to that section, such that claimants may now seek additional temporary total disability payments not to exceed 260 weeks. The Court stated “[t]his opinion shall have prospective application only, and shall not apply to rulings, adjudications, or proceedings that have become final prior to the date of this opinion.” Thus, the Court’s opinion will only apply to workers’ compensation claims for temporary total disability benefits that are currently pending, but have not become final as of the date of the Court’s opinion, February 28, 2013.