The First District Court of Appeal has withdrawn the earlier decision of Westphal v. City of St. Petersburg, 38 Fla. L. Weekly D504a (Fla. 1st DCA February 28, 2013) which declared a portion of the workers’ compensation statute unconstitutional and issued Westphal v. City of St. Petersburg, 38 FLW D2029 (Fla. 1st DCA September 23, … Continued
The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $815.75 for the four calendar quarters ending June 30, 2012. Section 440.12(2), Florida Statutes, expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation … Continued
In the landmark Decision Westphal v. City of St. Petersburg, slip opinion # 1D12-3563, http://opinions.1dca.org/written/opinions2013/02-28-2013/12-3563.pdf issued by the First District Court of Appeal on February 28, 2013, the court held that section 440.15(2)(a), Florida Statutes (2009), is unconstitutional under article I, section 21,of the Florida Constitution, as applied to Westphal and others similarly situated, by … Continued
Florida workers compensation claimants with serious injuries often fall behind on their mortgage payments and face mortgage foreclosure proceedings. The length of time involved in resolving a serious workers compensation claim varies depending on the extent of injuries, the recovery and the litigation process. The typical litigated claim will take at least seven months and … Continued
In Florida, when an employee is injured on the job while occupying a motor vehicle owned by the employer, and someone other than the employer is at fault for the automobile accident, the employee has a claim against the at-fault person(s). This claim for damages is a civil claim against a third party and not … Continued
Effective January 1, 2012 the maximum compensation rate in Florida for workers compensation claims is $803.00
Traditionally, Florida unemployment compensation benefits were not difficult to obtain. When an employee was laid off or even terminated for cause there was a presumption that the employee was still entitled to unemployment compensation benefits. Stated differently, the employer had to prove to the satisfaction of the unemployment appeals referee that the employee was terminated … Continued
In many Florida workers compensation cases an employee is injured at work and the injuries involve parts of the body which have suffered prior conditions, injuries, disease or anomalies. Florida Statute 440.15(5)(a) and (b) provide: SUBSEQUENT INJURY.— (a) The fact that an employee has suffered previous disability, impairment, anomaly, or disease, or received compensation therefor, … Continued
A recurring problem in Florida workers compensation cases is that some employers will misstate payroll, the number of employees or the type of work their employees are performing to lower their workers compensation premiums. Some employers will pay their employees claiming they are subcontractors or independent contractors. Employer’s will sometimes issue IRS 1099 forms to … Continued
In Florida, an injured worker who is laid off, terminated or fired from their job can collect unemployment benefits and still receive Temporary Partial Disability (TPD) benefits from the workers compensation insurance company. The workers compensation law does not allow payment of Temporary Total Disability (TTD) payments, or Permanent Total Disability (PTD) benefits in any … Continued