Case Law Update -November 15, 2016

260 WEEKS ELIGIBILITY FOR TPD BENEFITS

Vincent Jones v. Food Lion, Inc., No. 1D15-3488, Fla 1st DCA (November 9, 2016)

This case interpreted the Supreme Court of Florida case in Westphal v. City of St. Petersburg which clearly on its face, found the 104-week limitation on temporary total disability benefits unconstitutional and revived the pre-1994 limit on TTD to 260 weeks of eligibility. This First DCA opinion held that the Supreme Court’s opinion in Westphal also applies to temporary partial disability benefits.

Practical Application:

As a result of this First DCA opinion, the law is clear that any claimant who has not reached maximum medical improvement at the end of 104 weeks and has light duty work restrictions/limitations, is entitled to continuing temporary partial disability up to a maximum of 260 weeks of TPD.

 
Please feel free to contact any of our workers’ compensation attorneys listed below if you wish to discuss this case and its application to your claims. You may reach us at the telephone numbers or e- mail addresses listed below:

Fort Lauderdale/East Coast Office: (954) 462-4304

Walter C. Wyatt, Partner – ext. 218

wcwyatt@fla-esq.com

Robert M. Potter, III, Partner – ext. 222

rmpotter@fla-esq.com

St. Petersburg/West Coast Office: (727) 322-1739

Joseph A. Bayliss, Partner – ext. 201

jbayliss@fla-esq.com

Jerome B. Blevins, Partner – ext. 205

jblevins@fla-esq.com