1st DCA Asked to Consider Validity of Cap on Mental Injury Benefits

The Florida 1st District Court of Appeal, which is reconsidering its February decision to strike down Florida's 104-week cap on temporary total disability benefits, is being asked to consider whether the 104-week cap for "mental and emotional injuries" should be invalidated as well. In Davis v. Nascar Holdings, No. 1D12-5177, the defense is arguing that even if the en banc 1st DCA elects to uphold the panel decision in Westphal v. City of St. Petersburg, the other limits currently imposed by Florida Statutes Chapter 440 are not per se invalid.Defense counsel H. George Kagan of Mi...