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September 18, 2015 by admin

Workers’ compensation — Temporary total disability benefits — Expiration of benefits period — Question certified

40 Fla. L. Weekly D2146c

Workers’
compensation — Temporary total disability benefits — Expiration of benefits
period — Question certified: Is a worker who is totally disabled as a result
of a workplace accident, but still improving from a medical standpoint at the
time temporary total disability benefits expire, deemed to be at maximum
medical improvement by operation of law and therefore eligible to assert a
claim for permanent and total disability benefits?
CREATIVE SPACE SOLUTIONS, INC., AND CASTLEPOINT FLORIDA INSURANCE COMPANY,
Appellants, v. DENISE PELINO, Appellee. 1st District. Case No. 1D15-1388. Opinion
filed September 16, 2015. An appeal from an order of the Judge of Compensation
Claims. E. Douglas Spangler, Jr., Judge. Date of Accident: May 23, 2012.
Counsel: Russell H. Young of Eraclides, Gelman, Hall, Indek, Goodman &
Waters, LLC, Sarasota, and Rayford H. Taylor of Casey Gilson P.C., Atlanta,
Georgia, for Appellants. Mark L. Zientz of the Law Offices of Mark L. Zientz,
P.A., Miami, for Appellee.
(PER CURIAM.) Based on Westphal v. City of St. Petersburg, 122 So.
3d 440 (Fla. 1st DCA 2013), we AFFIRM. In so doing, we certify that our
disposition of the instant case passes upon the same question we certified in Westphal.
Id. at 448. See Jollie v. State, 405 So. 2d 418, 421 n.*
(Fla. 1981). We do not reach the issue of reclassification of benefits, because
such is premature in this case. See Quail Ridge v. Johnson, 584
So. 2d 199 (Fla. 1st DCA 1991). (LEWIS, WETHERELL, and MAKAR, JJ., CONCUR.)
* * *

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