ANOTHER LANDMARK ALERT!

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SUPREME COURT STRIKES 104 WEEK LIMIT ON TEMPORARY INDEMNITY!


Westphal v. City of St. Petersburg
The second shoe drops – – on us !!
The Supreme Court Rules — HARD!


WHAT HAS HAPPENED

Today the Florida Supreme Court ruled the 104 week limitation on all forms of temporary indemnity are an unconstitutional denial of access to courts: with such limit in place, the act is not a reasonable alternative to tort litigation!


ANALYSIS

NO COMPLICATED ‘FIXES’ AS WAS TRIED BY THE 1ST  DCA:
THE NEW STATUTORY CAP IS 260 WEEKS (FIVE YEARS) ON ALL TEMPORARY INDEMNITY, per much earlier versions  of the act.

Visit here

HERE 

to access the full opinion. 

 

 

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