Berman v. Dillard's

In this workers’ compensation appeal, Appellant/Claimant challenges the constitutionality of section 440.15(l)(b), Florida Statutes (2003), the authority for termination of Claimant’s permanent total disability (PTD) benefits, arguing that, because her claim is based on age discrimination and her right of access to courts, it is subject to the strict scruti*877ny standard of review. We disagree and affirm.

Claimant, at the age of 72, suffered a compensable injury on January 20, 2004. Claimant was administratively accepted as PTD and began receiving PTD benefits at the age of 74. In 2011, the…