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ANOTHER LANDMARK ALERT!

    Home News ANOTHER LANDMARK ALERT!

    ANOTHER LANDMARK ALERT!

    9 June, 2016

    news

    SUPREME COURT STRIKES 104 WEEK LIMIT ON TEMPORARY INDEMNITY!


    Westphal v. City of St. Petersburg
    The second shoe drops – – on us !!
    The Supreme Court Rules — HARD!


    WHAT HAS HAPPENED

    Today the Florida Supreme Court ruled the 104 week limitation on all forms of temporary indemnity are an unconstitutional denial of access to courts: with such limit in place, the act is not a reasonable alternative to tort litigation!


    ANALYSIS

    NO COMPLICATED ‘FIXES’ AS WAS TRIED BY THE 1ST  DCA:
    THE NEW STATUTORY CAP IS 260 WEEKS (FIVE YEARS) ON ALL TEMPORARY INDEMNITY, per much earlier versions  of the act.

    Visit here

    HERE 

    to access the full opinion. 

     

     

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        • Employer’s Liability Insurance
        • Appellate
        • Construction
        • Insurance Fraud
        • Heart and Lung
        • Federal Workers’ Compensation
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      • Commercial and Business Litigation
      • Insurance Coverage Disputes
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