SERGIO RAMIREZ, APPELLANT,
v.
JORDA ENTERPRISES, INC./TECHNOLOGY INSURANCE COMPANY, INC., APPELLEES

Fla. 1st DCA | 2015-06-18
No. 1D14-4708
LEWIS, C.J., RAY and SWANSON, JJ., concur.
164 So. 3d 1291 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

*1292 OPINION ON MOTION FOR REHEARING/WRITTEN OPINION

PER CURIAM.

This cause is before us on Appellant’s Motion for Rehearing/Written Opinion. We grant the motion, withdraw our former opinion of May 4, 2015, and substitute this opinion in its place.

Based on this Court’s decision in Westphal v. City of St. Petersburg/City of St Petersburg Risk Management, 122 So.3d 440 (Fla. 1st DCA 2013) (en banc), the Judge of Compensation Claims correctly limited the award of temporary benefits to 104 weeks. On appeal in this court, Appellant failed to establish that Section 440.15(4)(e), Florida Statutes (2011), is unconstitutional as applied to him.

AFFIRMED.

LEWIS, C.J., RAY and SWANSON, JJ., concur.

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Citator

Cited By

  • Gomez-Lujano v. Palm Beach Grill-Houston's Rest. & Travelers Ins., 178 So. 3d 546 (Fla. 1st DCA 2015)
    …urt has recently rejected similar constitutional challenges to the 104-week statutory limit on temporary benefits. See Vancamp v. Decision HR 30, Inc., - So. 3d —, 40 Fla. L. Weekly D1941 (Fla. 1st DCA Aug. 19, 2015); Ramirez v. Jorda Enters., Inc., 164 So. 3d 1291 (Fla. 1st DCA 2015). Thus, we affirm the denial of PTD, additional temporary benefits, and associated PICA. AFFIRMED AS MODIFIED. LEWIS, THOMAS, and ROWE, JJ„ concur.…

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