Bradley WESTPHAL, Petitioner,
v.
CITY OF ST. PETERSBURG, etc., et al., Respondents.
City of St. Petersburg, etc., Petitioner,
v.
Bradley Westphal, Respondent.
Supreme Court of Florida.https://leagle.com/images/logo.png
June 9, 2016.
June 9, 2016.
Attorney(s) appearing for the Case
Richard Anthony Sicking of Touby, Chait & Sicking, P.L., Coral Gables, FL; and Jason Lawrence Fox of Bichler, Kelley, Oliver, Longo & Fox, PLLC, Tampa, FL, for Petitioner/Respondent.
Mark Lawrence Zientz of the Law Offices of Mark L. Zientz, P.A., Miami, FL, for Amicus Curiae Workers' Injury Law and Advocacy Group.
Richard W. Ervin, III of Fox & Loquasto, P.A., Tallahassee, FL, for Amicus Curiae Florida Workers Advocates.
Noah Scott Warman of Sugarman & Susskind, P.A., Coral Gables, FL, for Amicus Curiae Florida Professional Firefighters, Inc.
William J. McCabe , Longwood, FL, for Amicus Curiae Florida Justice Association.
Geoffrey Bichler of Bichler, Kelley, Oliver & Longo, PLLC, Maitland, FL, for Amici Curiae Police Benevolent Association, The Florida Fraternal Order of Police, and International Union of Police Associations, AFL-CIO.
Matthew J. Mierzwa, Jr. of Mierzwa & Associates, P.A., Lake Worth, FL, for Amicus Curiae The International Association of Fire Fighters.
Andre M. Mura of the Center for Constitutional Litigation, P.C., Washington, District of Columbia, for Amicus Curiae American Association for Justice.
William Harris Rogner , Winter Park, FL, for Amici Curiae Associated Industries of Florida, Associated Builders and Contractors of Florida, The Florida Chamber of Commerce, The Florida Insurance Council, The Property Casualty Insurers Association of America, The Florida Justice Reform Institute, Publix Super Markets, United Parcel Service, The Florida Roofing, Sheet Metal and Air Conditioning Contractors Association, The Florida Retail Federation, The American Insurance Association, The National Federation of Independent Business, The Florida United Businesses Association, Inc., and The Florida Association of Self Insureds.
PARIENTE, J.
In this case, we consider the constitutionality of section 440.15(2)(a), Florida Statutes (2009) — part of the state's workers' compensation law — which cuts off disability benefits after 104 weeks to a worker who is totally disabled and incapable of working but who has not yet reached maximum medical improvement. We conclude...
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