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.
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