Legal Opinion · Concurrence

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

District Court of Appeal of Florida

Decided September 23, 2013No. 1D12-3563Published

1ConcurrenceBenton, J.

Only months after the compensation order under review was entered, the City conceded (during the pendency of the appeal) that it owed permanent total disability benefits. On the same mistaken premise that it urged below (and misled the judge of compensation claims to adopt)— namely, that permanent total disability benefits are not owed until the claimant actually reaches “physical MMI,” even though all temporary benefits have been paid — the City has not agreed to pay permanent total disability benefits for the period after it stopped paying temporary benefits and before it conceded Mr.…

2Cases cited5 opinions

  1. Okeechobee Health Care v. CollinsDistrict Court of Appeal of Florida · 1998
  2. Crum v. RichmondDistrict Court of Appeal of Florida · 2010
  3. Matrix Employee Leasing, Inc. v. HadleyDistrict Court of Appeal of Florida · 2011
  4. East v. CVS Pharmacy, Inc.District Court of Appeal of Florida · 2010
  5. Florida Transport 1982, Inc. v. QuintanaDistrict Court of Appeal of Florida · 2009

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