Wright v. City of Rockledge, 1D01-0683.
Decision Date | 16 April 2002 |
Docket Number | No. 1D01-0683.,1D01-0683. |
Citation | 813 So.2d 283 |
Parties | John WRIGHT, Appellant, v. CITY OF ROCKLEDGE and Florida League of Cities, Inc., Appellees. |
Court | Florida District Court of Appeals |
Paul J. Morgan of Morgan & VanDingenen, P.A., Winter Park, for Appellant.
Lamar D. Oxford and John M. Joyce of Dean, Ringers, Morgan & Lawton, Orlando, for Appellees.
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.
"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:
To continue reading
Request your trial-
Cooper v. BUDDY FREDDY'S RESTAURANT
...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 fin......
-
Auman v. Leverock's Seafood House
...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......
- Jackson v. STATE, DIV. OF RETIREMENT, 1D01-729.