& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

LEWIS, J,,

concurring in result..

I agree with the conclusion reached by the majority that section 440.15(2)(a) is unconstitutional as applied to Bradley Westphal. Valiant judicial attempts to salvage the statute notwithstanding, the statutory gap that resulted from the limitations in section 440.16(2)(a) is a plain denial of the right of access to courts guaranteed by th,e .Constitution of this State to Floridians who, after 104 weeks, may still be totally disabled due to injuries received in the course of their employment..’However, at this point in time, I conclude that the remedy relied…