Jan 4, 2014 - News by Walton Lantaff
Two potentially significant workers’ compensation cases are now pending before the Florida Supreme Court.
The first is the high-profile Westphal matter (BRADLEY WESTPHAL vs. CITY OF ST. PETERSBURG, ETC., ET AL Lower Tribunal Case(s): 1D12-3563, 10-019508SLR), dealing with the issue of temporary permanent total disability benefits, after the 104 weeks of temporary benefits are exhausted. It is now scheduled for oral argument on June 5, 2014.
The second is an attorneys’ fee case involving a federal and state constitutional challenge of Fla. Stat. §440.34 under multiple theories including “access to courts, due process, equal protection, and other requirements”. (MARVIN CASTELLANOS vs. NEXT DOOR COMPANY, ET AL. Lower Tribunal Case(s): 1D12-3639, 09-027890GCC). Recently, the Florida Supreme Court accepted jurisdiction, and has announced the briefing schedule, but has not yet announced a date for oral argument.
WLSC is monitoring both of these cases in light of their potential to significantly impact the future handling of workers’ compensation matters.