The panel of 3 Judges who struck the 104 week cap on Temporary Total disability has been reversed by the “en banc” ruling, where every 1st DCA judge has a vote on the issue. The en banc ruling puts the 104 week cap back in place, but closes the donut hole by allowing Permanent Total Disability benefits to be awarded once the 104 weeks runs out, regardless of MMI, as long as claimant is still totally disabled.
Although disappointed that the en banc didn’t uphold the original Constitutional ruling, seeing a window of fairness for workers who burn through their 104 weeks while trying to heal was positive.
The dissents were the most distressing, because they showed which Judges feel Legislative power is more important than protecting the Court’s own power to insure fairness in the laws passed by the Legislature. None of the sitting Judges on the First DCA were ever Board Certified in Workers Compensation, so their firsthand understanding of the employers & insurance companies’ scorched earth tactics during litigation is limited.
