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1st DCA Revives Constitutional Challenge to Statutory Max Comp Rate

By Sherri Okamoto (Legal Reporter)

Tuesday, June 20, 2017 | 0

Florida’s 1st District Court of Appeal this week ruled that an injured worker was wrongfully deprived of an opportunity to create a record for establishing a constitutional challenge to the state’s statutory cap on weekly disability benefits. Under Florida law, a worker is generally entitled to receive benefits paid at 66 2/3% of his average weekly wage, but his benefits cannot exceed 100% of the statewide average weekly wage. The maximum compensation rate for Florida in 2017 is $886. When Julio Jiminez was allegedly injured in 2014, the maximum compensation rate was $827. ...

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