Westphal v. City of St. Petersburg

 The First District Court of Appeal has retracted Westphal completely, stating that the 104 week limit is not unconstitutional. But: the court totally reworks what we do at MMI for the claimant who is still medically improving, receding from important earlier case law on this subject. 

 MKRS Law will send out a detailed discussion about what to do regarding MMI upon further analysis of the opinion. 

 There is one catch: the District Court certifies the matter to the Supreme Court, but they do not certify the question of constitutionality: they only certify their new scheme of going forward at MMI. It does appear that the attack on 104 weeks is spent.

Read the full opinion here.

MKRS will continue to keep its esteemed industry and claims clients abreast of developments, while continuing to defend their interests, just as it has been doing since 1958.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s