Florida Supreme Court Rules Workers’ Compensation Disability Provision Unconstitutional in Westphal Case

Quashing the First District Court of Appeal ruling in the case of Westphal v. City of St. Petersburg Risk Management, the Florida Supreme Court has determined that certain portions of Florida’s workers’ compensation statute are unconstitutional.

To view the decision issued today, June 9, 2016, click here.

The issue before the Florida Supreme Court in Westphal was whether a worker who is totally disabled as a result of a workplace accident, but still improving from a medical standpoint at the time temporary disability benefits expire, is deemed to be at maximum medical improvement by operation of law and therefore eligible to assert a claim for permanent total disability benefits.

In its review of the case, the Florida Supreme Court considered the constitutionality of section 440.15(2)(a), Florida Statutes (2009), which cuts off disability benefits after 104 weeks to a worker who is totally disabled and incapable of working, but who has not yet reached maximum medical improvement.   The Court’s conclusion was that this portion of the workers’ compensation statute is unconstitutional under article I, section 21, of the Florida Constitution as a denial of the right of access to courts, because it deprives an injured worker of disability benefits under these circumstances for an indefinite amount of time–thereby creating a system of redress that no longer functions as a reasonable alternative to tort litigation.

Concurring with the majority, Justice R. Fred Lewis wrote:

“The only appropriate remedy would be to require the Legislature to provide a comprehensive, constitutional Workers’ Compensation scheme, rather than rely on the courts to rewrite existing law or revive prior law. I believe that the remedy provided today fails to fully address the problems with the Workers’ Compensation scheme because it will still leave some injured Florida workers without access to benefits to which they are entitled . . . The truth of the matter is that section 440.15 is hopelessly broken and cannot be constitutionally salvaged.  The judicial branch must terminate the practice of rewriting the statute.  Under the plain language of the statute, many hardworking Floridians who become injured in the course of employment are denied the benefits necessary to pay their bills and survive on a day-to-day basis.”

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