Vincent Jones v. Food Lion, Inc. and Risk Management Services, 15-3488

Claimant (Vincent Jones) injured on October 10, 2011 and was receiving temporary disability benefits under Florida workers’ compensation.
At the June 8, 2015 hearing the parties agreed Claimant had not reached maximum medical improvement (MMI) and was temporarily partially disabled when the 104-week statutory cap expired.
Claimant sought to pursue a claim for permanent total disability (PTD) despite not being at MMI, relying on this court’s reasoning in Westphal I that a worker totally disabled at the end of temporary benefits is deemed at MMI by operation of law.
The Judge of Compensation Claims (JCC) found Claimant’s PTD claim not ripe because he had not reached MMI and declined to extend Westphal I to cases of temporary partial disability at the 104-week cutoff.
After the hearing, the Florida Supreme Court decided Westphal II, holding the 104-week cutoff (paragraph 440.15(2)(a)) unconstitutional as applied to workers totally disabled when temporary benefits end and reviving a pre-1994 260-week remedy for temporary total disability.
The First DCA applied Westphal II’s reasoning to partial disability claimants cut off at 104 weeks, holding Claimant remained entitled to temporary partial benefits up to 260 weeks and that his PTD claim was premature because he had not reached MMI.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a claimant who is temporarily partially disabled when the 104-week cap expires may pursue a PTD claim before reaching MMI	Jones argued Westphal I supports ripeness because a claimant deprived of temporary benefits at the statutory cutoff should be deemed at MMI by operation of law	Employer argued Westphal I applies only to claimants temporarily totally disabled at 104 weeks and that Jones was not at MMI so PTD claim is premature	Court held Westphal II’s reasoning extends to claimants temporarily partially disabled at 104 weeks; claimant remains eligible for temporary partial benefits up to 260 weeks and PTD claim is premature absent MMI

Westphal v. City of St. Petersburg, 194 So. 3d 311 (Fla. 2016) (Florida Supreme Court holding the 104-week cutoff unconstitutional as applied to totally disabled workers and directing revival of a 260-week remedy)
Westphal v. City of St. Petersburg, 122 So. 3d 440 (Fla. 1st DCA 2013) (en banc) (court deemed workers totally disabled at end of temporary benefits to be at MMI by operation of law)
Wyeth/Pharma Field Sales v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010) (being medically able to work is not economically equivalent to having an earning capacity)
Matrix Employee Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011) (discussing statutory gap created when temporary benefits expire before a showing of permanent disability)
Hernandez v. Geo Group, Inc., 46 So. 3d 1123 (Fla. 1st DCA 2010) (PTD claim premature before MMI)
Florida Patient’s Comp. Fund v. Von Stetina, 474 So. 2d 783 (Fla. 1985) (appellate courts apply law in effect at time of decision)