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Burke Notches Another Victory Against Reforms
12/14/2016
one potential gap for injured workers in Oklahoma but he still thinks the state's 104-week cap on TTD is unconstitutional.
He says he has six cases pending at the Workers' Compensation Commission in which he is arguing that Section 45 is an arbitrary limitation with no rational state interest that
Category: News
Mixed Responses to Governor's Action on Presumption Bills
10/28/2022
claiming illness or injury relating to cancer SB 1127 increases the number of compensable weeks of temporary disability to 240 from 104 without limitation from the date of injury according to a legislative description.
At the same time the bill reduces the time frame for employers to accept some
Category: News
NCCI and FLOIR Argue No Sunshine Laws Broken
01/18/2017
allowances to ensure attorney fees would always be reasonable.
Then on June 9 the state Supreme Court decided Bradley Westphal v. City of St. Petersburg deciding that the 104-week statutory limitation on temporary total disability benefits was unconstitutional and should revert to the 260-week
Category: News
Psych Benefits Expire 6 Months to the Day of Physical MMI, Court Clarifies
09/07/2017
had the judicial will to do what's right they would find that that six-month limitation is just as unconstitutional as the 104-week limit in Westphal."
In Westphal v. City of St. Petersburg 2016 the Florida Supreme Court decided that a statutory cap of 104 weeks on temporary total disability
Category: News
NCCI Argues in Motion That Public Rate Hearing Should Go Forward Today
08/16/2016
Westphal v. City of St. Petersburg the high court ruled that capping temporary disability benefits at 104 weeks what the court called the countrys lowest limitation was unconstitutional.
The Supreme Court ruling returns temporary disability benefits to a maximum of 260 weeks the level it was at
Category: News
Committee Hearing Hospital Worker Presumption and TD Extension
08/15/2011
worker can collect temporary disability benefits from 104 weeks to 240 weeks when a course of treatment lasts longer than two years.
Supporters say this is necessary for cases where an injury requires conservative treatment lasting longer than two years but opponents say the bill would eliminate the
Category: News
Panelists: Reducing Claim Disputes Could Lead to Fewer Attorney Fees
01/26/2017
reasonable.
In Westphal the court decided that the 104-week statutory limitation on temporary total disability benefits was unconstitutional and should revert to the 260-week limit in effect before a 1994 law change.
Participants in the panel discussion said one way to address the issue of attorney
Category: News
Commissioner Rejects NCCI Rate Hike, Asks for 14.5% Increase Instead
09/28/2016
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.
FLOIR will consider an additional actuarial analysis data and justification from NCCI if the rate-maker decides to appeal
Category: News
Lawmakers: Work Comp Fix Requires Surgical Strike
09/29/2016
courts ruling in Westphal v. City of St. Petersburg.
In that case the high court found that 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.
Fred Karlinsky co-chair of
Category: News
Court Deals Another Blow to Insurers in Nullifying Rate Hike
11/28/2016
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 should revert to
Category: News
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