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

I concur in the result only, as Mr. West-phal established through unrefuted expert testimony that he was totally disabled at the expiration of temporary disability benefits and would remain totally disabled after he reached maximum medical improvement (MMI). Thus he was entitled to permanent total disability (PTD) benefits as a matter of law, under our rule announced fifteen years ago in City of Pensacola Firefighters v. Oswald, 710 So.2d 95, 98 (Fla. 1st DCA 1998), and reaffirmed in Matrix Employee Leasing, Inc. v. Hadley, 78 So.3d 621 (Fla. 1st DCA 2011). Furthermore, in addition to our…