Fla.-type Challenge to 104-Week TD Cap Unlikely

By Greg Jones, Western Bureau ChiefEmployers in California are required to advance permanent disability benefit payments to injured workers who exhaust the 104-week cap on temporary disability benefits, making it unlikely that anyone will challenge the constitutionality of the cap as was done in Florida.Florida’s 1st District Court of Appeal said in an en banc decision released Monday that it is “unreasonable” to assume the state’s Legislature intended to, “create a gap in benefits during which a disabled worker is not compensated for a disability, even though the...