Florida Supreme Court to Hear Westphal Workers’ Compensation Temporary Disability Claims Case
Dec 19, 2013
The Florida Association of Self-Insureds (“FASI”) reported today, December 19, 2013, that earlier this month, the Florida Supreme Court (“Supreme Court”) accepted jurisdiction of Westphal v. City of St. Petersburg, a case relating to the extension of temporary disability workers’ compensation claims benefits from 104 weeks to 260 weeks. Firefighter Bradley Westphal injured his back and leg while on duty in 2009. He collected temporary disability benefits, but did not meet criteria for permanent benefits although he was unable to work.
The Supreme Court will consider a question certified from Florida’s First District Court of Appeal (“DCA”) in Westphal, asking:
“Is a worker who is totally disabled as a result of a workplace accident, but still improving from a medical standpoint at the time temporary total disability benefits expire, deemed to be at maximum medical improvement by operation of law and therefore eligible to assert a claim for permanent and total disability benefits?”
On September 23, 2013, the DCA reversed its previous ruling in Westphal, which had found recent related legislative changes to be unconstitutional. That ruling resulted in the aforementioned extension of benefits.
In its update today, FASI explained that both parties appealed the DCA decision. The Supreme Court-by its own motion-subsequently consolidated the two cases for all appellate purposes. Now, Mr. Westphal’s initial brief on the merits must be served on or before January 3, 2014. Remaining briefs are expected to follow, although extensions of time are likely. Oral argument will be set by separate order.
Seven groups representing the interests of injured workers have filed notices of intent to file briefs in support of Mr. Westphal. The groups are expected to argue that 2003 amendments to Florida’s workers’ compensation law are unconstitutional.
No employer or carrier groups have signaled an intent to argue on behalf of the industry. FASI, however, has joined a consortium of employer and carrier groups that intend to file a brief arguing that the Supreme Court should uphold Florida’s workers’ compensation law and the 2003 reforms.
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