The Law Offices of Hernandez, Hicks & Valois

Florida Defense Attorneys

Westphal

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On September 23, 2013, the 1st District Court of Appeal, in the Westphal case, reversed the prior ruling of February 28, 2013 which held that the 104 week maximum of TTD is unconstitutional and ruled that the prior statute of 260 weeks was in effect. It is now back to the 104 week maximum. The DCA held that an injured worker who is still totally disabled at the end of his or her eligibility for temporary disability benefits is deemed to be at maximum medical improvement as a matter of law, even if the worker may get well enough someday to return to work. In these circumstances, the claimant need not present medical proof that he or she has reached maximum medical improvement. The worker may immediately assert a claim for permanent total disability benefits, and the judge may award those benefits if the worker has proven that he or she is in fact totally disabled. 

The 1st DCA certified the following question to the Florida Supreme Court:

 Is a worker who...

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