Florida Comp Ruling Favors St Pete Firefighter

Florida’s 1st District Court of Appeal has overturned a ruling by a three judge panel that concluded that Florida’s 104 week limit on workers comp was unconstitutional under state law.

The case involves a St. Petersburg firefighter, Bradley Westphal, who was injured in the line of duty on December 11, 2009. He ran out of temporary disability comp benefits two years later, and was medically unable to return to work. Because he had not reached his maximum medical improvement he was found to be ineligible for permanent disability benefits. As a result he received no compensation despite the fact that his disability was directly attributable to a line of duty injury.

Westphal appealed the denial of his permanent benefits arguing that the 104 week limitation on benefits as unconstitutional under the Florida state constitution. Last March, a three judge panel of the 1st District agreed with Westphal.

The full court reconsidered the matter and concluded it was not necessary to rule on the constitutionality of the 104 week limitation to address Westphal’s suit. The court instead concluded that “a worker who is totally disabled as a result of a workplace accident and remains totally disabled by the end of his or her eligibility for temporary total disability benefits is deemed to be at maximum medical improvement by operation of law and is therefore eligible to assert a claim for permanent and total disability benefits.”

Here is a copy of the court’s ruling.Westphal v St Pete II

Here is more on the story.