Legal Opinion · Dissent

Matrix Employee Leasing, Inc. v. Hadley

District Court of Appeal of Florida

Decided November 29, 2011No. 1D09-3360Published

1DissentPadovano, J.

I believe that we interpreted the Workers’ Compensation Law incorrectly in Oswald and that we should now recede from the rule we adopted in that case. Nothing in the text of the applicable statutes suggests that there is a gap in which some totally disabled workers will be ineligible to apply for disability benefits. Moreover, the notion that there can be a period of time during which a disabled worker is not entitled to be compensated for his or her workplace injury is contrary to the most basic purpose of the Workers’ Compensation Law. For these reasons, I respectfully dissent.

The claimant…

2Cases cited2 opinions

  1. Thompson v. Florida Industrial CommissionSupreme Court of Florida · 1969
  2. Gauthier v. Florida International UniversityDistrict Court of Appeal of Florida · 2010

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