Barry v. Burdines

The claimant appeals a workers’ compensation order denying a claim for wage loss benefits in excess of the 78 weeks allowed under section 440.15(3)(b)4.d.(III), Florida Statutes (1991). The claimant contends that by conditioning the duration of wage loss eligibility on the degree of physical impairment section 440.15(3)(b)4.d violates the Americans with Disabilities Act (ADA), 42 USC section 12101 et seq. We conclude that the claimant has not established an ADA violation, and we therefore uphold the statutory limitation on eligibility for wage loss benefits.

Section 440.15(3)(b)4.d provides a…