Vassallo, Bilotta, Friedman & Davis
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June 2016 Archives

Workers Compensation Statute Unconstitutional

Once again, the Florida Supreme Court has ruled that part of the workers compensation statute violates the constitutional rights of injured workers. In Westphal v. City of St. Petersburg, the Florida Supreme Court declared Florida Statute Section 440.15(2)(a), 2009, unconstitutional. Section 440.15(2)(a) temporary total disability benefits (indemnity or wage loss benefits) were limited to a maximum of 104 weeks. As a result of the Supreme Court's decision, the statute reverts to the law in effect prior to 2009. Temporary total disability benefits are now able to be paid for up to 260 weeks (5 years). This is a very important result for our clients.

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