Florida Court Declares 104-Week Limit of Temporary Benefits Unconstitutional, Reinstates 260-Week Cap
2 min read
Mar 4, 2013
The Florida First District Court of Appeals was recently presented with a question concerning the constitutionality of the 104-week limitation on temporary indemnity benefits based on an injured worker who was not yet ready to return to work after the 104 weeks of temporary benefits, but who was not able to prove eventual permanent and total disability benefits, and therefore not entitled to indemnity benefits.
In this case, the claimant’s condition left him in the not-uncommon position of exhausting his statutory benefits prior to reaching the ability to return to substantial gainful employment. As amended in 1994, the Florida Statutes allowed for only 104 weeks of temporary benefits. The court, in a scathing 25-page opinion, found that the claimant was denied access to the courts and to the constitutionally granted right to the administration of justice without denial or delay, in violation of the Florida Constitution. The court then found unconstitutional the 1994 change to the law, which revised entitlement to temporary benefits from 260 weeks to 104 weeks. The court ultimately remanded the case, with instructions to grant the claimant additional temporary total disability benefits not to exceed 260 weeks, as would have been provided under the previous relevant statutory provision prior to the 1994 amendment of Fla. Stat. § 440.15(2)(a).
In reaching its decision, the court evaluated the workers’ compensation statutes in all other states and found that more than 40 allow a minimum of 312 weeks, and only five jurisdictions limit disability to 104 weeks. The court concluded that the natural consequence of “such a system of legal redress is potential economic ruination of the injured worker, with all the terrible consequences that this portends for the worker and his or her family,” and indicated that this system of redress for injury is “not merely unfair, but is fundamentally and manifestly unjust.” The court, however, did not strike the entire 1994 or 2003 amendments to the statute, but only severed Section 440.15(2)(a), reviving the pre-1994 statute solely as it speaks to the time-limitation on temporary disability benefits.
This is a substantive change in the law and deals with an unconstitutional statute, and accordingly, the decision affects all cases, regardless of the date of accident. This case has a tremendous impact on the current cases nearing the 104-week mark, as well as those currently in litigation for permanent and total disability benefits. For more information read Bradley Westphal v. City of St. Petersburg, Case No. 1D12-3562 (1st DCA Feb. 28, 2013).
Topics
Featured Insights

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges

In The News
Oct 26, 2026
Scott Seaman Examines the Insurance Coverage Implications of a Recent NFL Concussion Ruling

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation




