The First DCA, in an en banc ruling, has receded from their February 28, 2013 opinion holding the 104 week limit on temporary total disability benefits unconstitutional. Now, however, the First DCA has reinterpreted the statute to allow an injured worker to seek PTD benefits at the expiration of 104 weeks based on the injured worker's disability status as of that date, deeming the injured worker by operation of law to have reached MMI at the conclusion of 104 weeks. This recedes from their recent ruling in Matrix Employee Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011) that up-held their decision of 15 years ago in City of Pensacola Firefighters v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998). Under the Oswald-Hadley line of cases, an injured worker was entitled to seek PTD benefits even though not at MMI if the injured worker was at or approaching the 104 week cap on temporary indemnity benefits. But the injured worker had to prove total disability would exist at actual MMI.Read More
Archive by Month: September 2013
Joshua Canton, associate in our Tallahassee office, won a defense verdict in an automobile negligence case on 9/16/13. The Plaintiff claimed that the Defendant negligently operated her vehicle on 12/16/05, thereby causing the Defendant's vehicle to enter the Plaintiff's lane of travel, resulting in a motor vehicle accident. The Defendant claimed the Plaintiff negligently operated her vehicle thereby causing the motor vehicle accident. There were no witnesses to the accident other than the parties.