(Download) "Wright v. City of Rockledge" by Florida Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Wright v. City of Rockledge
- Author : Florida Court of Appeals
- Release Date : January 16, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
An appeal from an order of the Judge of Compensation Claims. Paul T. Terlizzese, Judge. 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 104-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.