Legal Opinion

Kessler v. Department of Management Services, Division of State Group Insurance

District Court of Appeal of Florida

Decided July 31, 2009No. 1D09-0583PublishedCited by 9 opinions

1Opinion of the CourtBenton, J.

Stuart Kessler appeals the final order of the Department of Management Services (DMS) cutting off his benefits under the State Group Disability Income Self Insurance Plan (Plan) on grounds his termination from state employment rendered him ineligible to receive disability insurance benefits. We have jurisdiction. See § 120.68, Fla. Stat. (2008); Fla. R.App. P. 9.030(b)(1)(C). Unable to agree with DMS’s interpretation of pertinent rules, we reverse and remand with directions to reinstate Mr. Kessler’s benefits.

The relevant facts are uncontroverted. Mr. Kessler was working for the Florida…

2Cases cited7 opinions

  1. PUBLIC EMPLOYEES REL. v. Dade County PoliceSupreme Court of Florida · 1985
  2. Florida Dept. of Educ. v. CooperDistrict Court of Appeal of Florida · 2003
  3. Werner v. STATE, DEPT. OF INS.District Court of Appeal of Florida · 1997
  4. McKenzie Check Advance of Florida v. BettsSupreme Court of Florida · 2006
  5. PAC for Equality v. DEPARTMENT OF STATE, FLA. ELEC. COM'NDistrict Court of Appeal of Florida · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lee Memorial Health System etc. v. State of Florida, Agency For Agency For Health etc.District Court of Appeal of Florida · 2019
  2. William Kale, Ph.D. v. Department of HealthDistrict Court of Appeal of Florida · 2015
  3. Green v. Florida Department of Business & Professional RegulationDistrict Court of Appeal of Florida · 2010
  4. Verizon Business Purchasing, LLC v. State of Florida, Department of Revenue etcDistrict Court of Appeal of Florida · 2015
  5. Christian v. Department of Health, Board of Chiropractic MedicineDistrict Court of Appeal of Florida · 2014

4 more not listed; retrieve them via the Exa API.

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