Legal Opinion

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

District Court of Appeal of Florida

Decided September 23, 2013No. 1D12-3563PublishedCited by 19 opinions

1Opinion of the CourtPadovano, J.

This case is before the full court on motions by the State of Florida and the City of St. Petersburg for rehearing en banc. For the reasons that follow, we grant the motions, withdraw the panel opinion in Westphal v. City of St. Peters-burg/City of St. Petersburg Risk Management and State of Florida, 2013 WL 718653 (Fla. 1st DCA Feb. 28, 2013), and recede from our previous en banc opinion in Matrix Employee Leasing, Inc. v. Hadley, 78 So.3d 621 (Fla. 1st DCA 2011).

We hold that a worker who is totally disabled as a result of a workplace accident and remains totally disabled by the end of his…

2Cases cited17 opinions

  1. Payne v. TennesseeSupreme Court of the United States · 1991
  2. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
  3. Holly v. AuldSupreme Court of Florida · 1984
  4. Arizona v. RumseySupreme Court of the United States · 1984
  5. A. R. Douglass, Inc. v. McRainey, as Admrx.Supreme Court of Florida · 1931

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3Cited by19 opinions

  1. & SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley WestphalSupreme Court of Florida · 2016
  2. Vincent Jones v. Food Lion, Inc. and Risk Management ServicesDistrict Court of Appeal of Florida · 2016
  3. Gomez-Lujano v. Palm Beach Grill-Houston's Restaurant & Travelers InsuranceDistrict Court of Appeal of Florida · 2015
  4. Ramirez v. Jorda Enterprises Inc.District Court of Appeal of Florida · 2015
  5. & SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley WestphalSupreme Court of Florida · 2016

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