alertonimportantSummerJudiCialdeCiSionS
Workers’ Compensation Section Co-Chairs: AnthonyCortese – AnthonyV. Cortese, AttorneyatLaw & Ya’ SheakaWilliams – Quintairos, Prieto, Wood & Boyer
howistheJudgeto determinetheproper amountfortheside feetobepaidbythe employer / Carrier?
There were two very interesting and important decisions this summer to be aware of in ongoing practices.
In Weber v. Avant Healthcare Professionals, OJCC Case No. 20-001552( July 22, 2025), the claimant was in a wheelchair with severe Complex Regional Pain Syndrome in her right leg, and the uncontested medical evidence was that she was temporarily, totally disabled or temporarily partially disabled for over 260 weeks. The carrier had properly paid for 261 weeks of temporary indemnity before switching to impairment benefits( 159 weeks of TTD and 102 weeks of TPD). The dispute was whether temporary indemnity benefits continue or end after 260 weeks. The statute provides that the maximum weeks of temporary benefits is determined by combining all temporary benefit weeks. As such, the maximum number of weeks of temporary benefits would be 260, based on F. S. 440.15( 4)( e). The Judge of Compensation Claims noted that Westphal v. City of St. Petersburg, 194 So. 3d 311( Fl. 2016), held that
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