Narrative Opinion Summary
The Court affirmed the Judge of Compensation Claims' decision to limit the award of temporary benefits to 104 weeks, referencing the precedent set in Westphal v. City of St. Petersburg. The Appellant did not demonstrate that paragraph 440.15(4)(e) of the Florida Statutes (2007) was unconstitutional, either on its face or as applied. Judges Thomas, Wetherell, and Ray concurred with the ruling.
Legal Issues Addressed
Constitutionality of Florida Statutes Section 440.15(4)(e)subscribe to see similar legal issues
Application: The Appellant failed to prove that the statute was unconstitutional, thereby supporting its application as valid law.
Reasoning: The Appellant did not demonstrate that paragraph 440.15(4)(e) of the Florida Statutes (2007) was unconstitutional, either on its face or as applied.
Limitation on Temporary Benefits under Florida Statutessubscribe to see similar legal issues
Application: The court upheld the limitation of temporary benefits to 104 weeks, aligning with the statutory framework and previous case law.
Reasoning: The Court affirmed the Judge of Compensation Claims' decision to limit the award of temporary benefits to 104 weeks, referencing the precedent set in Westphal v. City of St. Petersburg.