The Law Offices of Hernandez, Hicks & Valois

Florida Defense Attorneys

Navigating Legal Waters with a “Personal Touch”

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Featured Article on Diane Hernandez

Navigating Legal Waters with a “Personal Touch”

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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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Takia Stroman v. H.T. Hackney and Dallas National Insurance

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Takia Stroman v. H.T. Hackney and Dallas National Insurance 

DCA#: 12-3924

Decision Date 7/9/13

 

Summary: The JCC denied claimant's request for a change in treating provider. The matter was governed by managed care. The First DCA found the statutory right to select the primary care provider under §440.134(6)(c)10 and the right to a one time change in physician under §440.134(10)(c) were independent of one another and it was error for the JCC to deny the one time change request where the record did not demonstrate the same had been...

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