Injured Florida Worker Questions Constitutionality of Florida’s Workers’ Comp Laws

A nurse injured his back in December 2003 while working for Hialeah Hospital. The injury occurred two months after a new law in 2003 eliminated the permanent partial disability benefit for injured workers in Florida. The revision to the workers’ comp code meant that workers who suffered a permanent partial disability would no longer receive permanent benefits for their injury.

Under current Florida workers’ comp laws, injured workers with a disability can receive temporary partial disability benefits until a doctor finds the worker has reached maximum medical recovery or for a maximum of 104 weeks. If the worker is totally disabled, he may qualify for disability payments until he reaches the age of 75 years; however, a permanent disability only qualifies for payments for up to 104 weeks from the date of injury. […]