Westphal v. City of St. PetersburgAnnotate this Case
In 2009, Bradley Westphal suffered a severe work-related injury. The City of St. Petersburg provided temporary total disability benefits pursuant to Fla. Stat. 440.15(2). Westphal did not reach maximum medical improvement prior to the expiration of the 104-week limitation on temporary total disability benefits and thus filed a petition for benefits pursuant to Fa. Stat. 440.15(1). The Judge of Compensation Claims (JCC) denied Westphal’s claim, thus leaving Westphal totally disabled at the cessation of temporary total disability benefits but not yet entitled to permanent total disability benefits because he could not prove he would still be totally disabled when he reached maximum medical improvement. Westphal appealed, arguing that section 440.15(2) was unconstitutional. The First District Court of Appeal “valiantly attempted to save the statute from unconstitutionality” by interpreting it so that Westphal would not be cut off from compensation after 104 weeks. The Supreme Court quashed the First District’s decision, holding that section 440.15(2)(a) is unconstitutional as applied to Westphal and all others similarly situated as a denial of access to courts under article I, section 21 of the Florida Constitution.