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

I dissent.

The judge of compensation claims (JCC) found that Westphal was not yet at maximum medical improvement (MMI) and this finding is supported by competent substantial evidence. Thus, under the rule announced in City of Pensacola Firefighters v. Oswald, 710 So.2d 95 (Fla. 1st DCA 1998), and reaffirmed by the en banc court less than two years ago in Matrix Employee Leasing, Inc. v. Hadley, 78 So.3d 621 (Fla. 1st DCA 2011), in order to obtain permanent total disability (PTD) benefits, Westphal had the burden to prove that (1) he was totally disabled when his 104 weeks of temporary total…