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1st DCA Upholds Constitutionality of Statutory Cap on Benefits for Mental Injuries
04/05/2019
temporary partial disability benefits Kneers circumstances are different and substantially more favorable than those faced by workers who ran into the 104-week limit.
Unlike those who are unable to work and face economic ruination after their benefits are statutorily cut off the court said Kneer
Category: News
4th DCA: WCAB Erred in Awarding TD More Than Five Years After Injury
03/07/2018
disability benefits shall not extend for more than 104 compensable weeks within a period of five years from the date of injury the court said in its decision. This text supports the conclusion that the board is authorized to award a maximum of 104 weeks of temporary disability payments to a worker who
Category: News
MT WCC Turns Down Parapalegic's Flying Time Request
03/11/2005
original plan was completed;
2 the additional benefits would exceed the 104-week limitation imposed by section 39-71-2001 MCA;
3the new plan has not been certified as reasonable by any vocational provider;
4the claimant had not proved to the satisfaction of the Court that the new plan
Category: News
En Banc Leaves Employers on the Hook for Penalties
06/18/2007
Some California employers will owe penalties on retroactive temporary disability payments because of a ruling last week by the Workers' Compensation Appeals Board.
The board ruled that the 104-week cap on temporary disability begins when the first payment is made a decision that potentially
Category: News
Catastrophically injured Worker's Claim Not Time-Barred
07/24/2015
on the date he no longer had a job. Alternatively he argued that he had suffered a new injury as of the date he was laid-off.
Administrative Law Judge Tasca Hagler was not persuaded finding his claim was time-barred by the statute of limitation periods set out in Section 34-9- 104b and 34-9-82
Category: News
FLOIR Appeal Stays Judge's Order Voiding Rate Increase
11/30/2016
the 104-week statutory limitation on temporary total disability benefits was unconstitutional and should revert to the 260-week limitation in effect before the 1994 law change.
To address the high courts rulings the insurance industry and Florida business community are pushing for legislative
Category: News
Worker Gets Penalties for Late TTD Payments 10 Years after the Fact
07/22/2013
the court said claims seeking to recover accrued but unpaid penalties are not subject to the limitation period found in OCGA 34-9- 104.
Since Reid filed his original claim for benefits in a timely manner the court said that any benefits which accrued to him as a result of his claim could not be
Category: News
Supreme Court Strikes Down 104 -Week Cap on TD
06/10/2016
A divided Florida Supreme Court has declared yet another portion of the state's comp scheme unconstitutional.
In April the court struck down Florida's statutory limit on attorney fees. On Thursday it said the state's 104-week cap on temporary disability benefits is invalid.
The court
Category: News
Uncertainty Rules Comp Market Following Judge's Ruling
11/29/2016
of due process under both the state and U.S. constitutions because it made no allowances to ensure attorney fees would always be reasonable.
In Westphal v. City of St. Petersburg the court found that the 104-week statutory limitation on temporary total disability benefits was unconstitutional and
Category: News
CAAA Announces Top Cases of 2010
06/28/2010
ruled that removal of tissues and implants constituted a basis for an exception to the 104-week limitation on payment of total temporary disability. This is because the removal of tissues and implants were an "amputation."
Blackledge v. Bank of America. This WCAB en banc decision clarified the roles of
Category: News
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