JOHN WRIGHT, APPELLANT,
v.
CITY OF ROCKLEDGE AND FLORIDA LEAGUE OF CITIES, INC., APPELLEES

Fla. 1st DCA | 2002-04-16
No. 1D01-0683
PADOVANO and LEWIS, JJ., concur.
813 So. 2d 283 Florida District Court of Appeal, First District (2002) Caution
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Wright appeals a workers' compensation decision that interpreted the 104-week limitation on temporary disability benefits as a consecutive calendar period rather than a cumulative total. The court reversed, holding that the 104-week limitation is cumulative, meaning Wright can receive up to 104 weeks of total benefits regardless of when they are paid.


Holding

The 104-week limitation period is calculated cumulatively, representing the maximum total number of weeks of temporary disability benefits an employee can receive, rather than a consecutive calendar period expiring 104 weeks from the date of accident. An employee who has received only seven weeks of benefits may be entitled to receive additional benefits up to the 104-week cumulative maximum.


Headnotes

[1] The 104-week limitation period for temporary disability benefits in Florida workers' compensation law is calculated cumulatively, not consecutively.

[2] Temporary disability benefits in Florida are payable for a maximum of 104 weeks, encompassing any combination of temporary total and temporary partial disability benefits…

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Key Quotes

“[QUOTE REDACTED — failed verbatim audit (paraphrase, not verbatim). See original_text for the text as originally displayed.]”

Establishes the court's holding that the 104-week limitation represents the total weeks of benefits that can be received cumulatively.

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Facts & Procedural History

Wright was injured in a work accident and received seven weeks of temporary disability benefits. The Judge of Compensation Claims denied his claim for…

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Opinion of the Court
BROWNING, J.

BROWNING, J.

Appellant appeals the final order of the Judge of Compensation Claims (JCC) which denied, in part, his claim for temporary disability benefits by holding the 104-week limitation period contained in sections 440.15(2)(a) and (4)(b), Florida Statutes (1997), is a calender period that expires 104 weeks following Appellant’s date of accident and the first receipt of temporary disability benefits. Appellant argues the 104r-week period establishes the maximum number of weekly payments a claimant can receive and, because he received only seven weeks of temporary benefits, he is entitled to an additional 97 weeks of benefits as long as he does not reach maximum medical improvement before that time. The Employer/Carrier (Appellees) assert the JCC’s interpretation of the statute is correct, and the 104 weeks of temporary benefits are a consecutive rather than a cumulative time period. We agree with Appellant that the 104-week limitation period is calculated cumulatively. Accordingly, we reverse and remand.

“A reviewing court properly defers on questions of statutory interpretation to the agency to which the Legislature has given the responsibility and authority to administer the statute, unless the interpretation is clearly erroneous.” Okeechobee Health Care v. Collins, 726 So. 2d 775, 778 (Fla. 1st DCA 1998). Rule 38F-3.0191(1) and (3)(a) and (b), Florida Administrative Code, promulgated by the Department of Labor and Employment, Division of Workers’ Compensation (the agency), provides:

(1) Temporary disability benefits include temporary total and temporary partial disability benefits and are payable for a maximum of 104 weeks. An employee’s eligibility for temporary disability benefits ceases after the employee has received 104 weeks of temporary total disability benefits paid pursuant to s. 440.15(2)(a), F.S., or after the employee has received 104. weeks of temporary partial disability benefits paid pursuant to s. 440.15(4), F.S., or after the employee has received 104 weeks of any combination of these two benefits.

* sf? *

(3) ... These benefits will continue until one of the following happens.

(b) you have received 104 weeks of either temporary total or temporary partial disability benefits, or both combined;

Id. (Emphasis added). This court has previously construed these provisions to indicate the agency interprets the 104 week limitation contained in sections 440.15(2)(a) and (4)(b) to be the cumulative number of weeks an employee is entitled to receive temporary disability benefits. See Collins, 726 So. 2d at 777 (holding the statute authorizes no more than 104 weeks of temporary disability benefits). Additionally, this court has interpreted a similar limitation period on entitlement to benefits to apply cumulatively rather than consecutively. See Winn Dixie v. Resnikoff, 659 So. 2d 1297 (Fla. 1st DCA 1995) (holding 78-week eligibility period for entitlement to wage loss benefits is a cumulative period, not an uninterrupted consecutive calendar period).

Accordingly, the JCC’s holding is REVERSED and the case REMANDED for proceedings consistent with this opinion.

PADOVANO and LEWIS, JJ., concur.


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Citator

Cited By

  • Cooper v. Buddy Freddy's Rest. & Travelers Ins. Co., 889 So. 2d 125 (Fla. 1st DCA 2004)
    …lier in the order, a matter not otherwise relevant on this appeal. Claimant’s 104 weeks of eligibility is measured in terms of cumulative payments received rather than consecutive weeks from the date of her accident. See Wright v. City of Rockledge, 813 So. 2d 283, 284 (Fla. 1st DCA 2002). Thus, the JCC’s order does not impair claimant’s right to seek temporary disability for any period following the final hearing in this case. We AFFIRM the order denying impairment benefits to claimant. WEBSTER and POLST…
  • Auman v. Leverock's Seafood House, 997 So. 2d 476 (Fla. 1st DCA 2008)
    …benefits more than two years after the industrial accident, so long as tempo [*479] rary benefits have not actually been paid for 104 weeks. Otherwise stated, “the 104-week limitation period is calculated cumulatively.” Wright v. City of Rockledge, 813 So. 2d 283, 284 (Fla. 1st DCA 2002). Under our cases, Ms. Auman had a “bank” of 104 weeks of temporary disability benefits against which to draw during her convalescence from the knee injuries. But she had no need for any of the temporary disability benefits…

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