An appellate court recently ruled that Florida’s 104-week limit on temporary permanent disability payments section, causing an uproar in the workers’ compensation industry.
Prior to this ruling, Florida Statute 440.15(2)(a) was interpreted to impose a 104-week limitation on the payment of monetary benefits to injured workers who are temporarily totally unable to work due to their work injuries. After the First District Court of Appeal declared the statute unconstitutional, the court revived an older version of the statute that caps those monetary benefits at 260 weeks. This ruling is expected to increase the cost of claims for the insurance industry by reviving older claims wherein payments to claimants were stopped in the past when they reached the 104-week cap.
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