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

In this case, we consider the constitutionality of -section 440.15(2)(a), Florida Statutes (2009) — part of the state’s workers’ compensation law — -which cuts off disability benefits after 104 weeks to a worker who is totally disabled and incapable of working but who has not yet reached maximum medical improvement. We conclude that this portion of the worker’s compensation-statute is unconstitutional under article I, section 21, of the Florida Constitution, as a denial of the right of access to courts, because • it deprives an injured worker of disability benefits under these circumstances'…