07/05/2016
necessary due to the ruling in Castellanos in which the high court eliminated statutory caps on claimant attorney fees and Westphal in which the court declared unconstitutional the 104-week limitation on temporary total disability benefits because it causes a statutory gap in benefits and violates an
Category: News
08/21/2017
Westphal the state Supreme Court ruled Florida's 104-week limitation on temporary total disability benefits was unconstitutional. In Miles the 1st District Court of Appeal declared the statutory limits on the compensation of claimants attorneys unconstitutional because it deprived her of legal
Category: News
11/21/2016
benefits was unconstitutional.
In Westphal the states high court found that the 104-week statutory limitation on temporary total disability benefits should revert to the 260-week limitation in effect before 1994 reforms.
Category: News
07/22/2022
.
SB 1127 would also allow firefighters and peace officers to receive up to 240 weeks of temporary disability benefits without limitation as to the amount of time that has passed from the date of injury for presumptive cancer claims. Temporary disability is generally limited to 104 compensable weeks
Category: News
05/10/2017
court found in Westphal that the 104-week statutory limitation on temporary total disability benefits was unconstitutional and should revert to the 260-week limitation in effect before a 1994 law change.
Those two court decisions will cost employers 1.5 billion in the first year because of higher
Category: News
06/15/2016
week declaring the state's 104-week cap on temporary disability benefits to be unconstitutional.
There's also a case before the Oklahoma Supreme Court on the constitutionality of the state's opt-out scheme which the state Workers' Compensation Commission has already found to be invalid and there
Category: News
02/12/2010
agenda is SB 2943 which addresses a May 26 2009 ruling by the Tennessee Supreme Court in Lori Ann Patton v. Hartco Flooring Co.
The high court affirmed a trial court decision that lifted the cap on permanent partial disability PPD benefits for Patton a line grader who suffered a right arm and
Category: News
06/06/2013
away at its provisions.
Earlier this year a 1st DCA panel comprised of Judges Philip J. Padovano Bradford L. Thomas and now-retired Judge Marguerite H. Davis ruled that Florida's statutory 104-week cap on temporary total disability benefits was unconstitutional.
The panel based their
Category: News
04/21/2004
Labor Code section 4604.5.
5. Temporary Disability Limits
Aggregate disability payments for a single injury occurring on or after the effective date of the section on or after 4192004 are limited to no more than 104 compensable weeks within a period of two years from the date of
Category: News
08/01/2016
barred reasonable fees in some instances.
The Supreme Court in June ruled in Westphal v. City of St. Petersburg that the states 104-week cap on temporary disability benefits was unconstitutional.
The National Council on Compensation Insurance said those decisions particularly in Castellanos
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