First DCA Rejects Constitutional Challenge to 2003 Permanent Total Supplemental Amendment
In 2003, the Florida Legislature amended §440.15(1)(f), the statute providing for so-called "supplemental benefits" in cases where the injured worker has been rendered permanently totally disabled as a result of his on-the-job accident. Initially enacted in 1974, that statute provided for an annual 5% increase in the amount of the workers' weekly permanent total disability benefits. Under a 1990 amendment, entitlement to these benefits terminated when the worker reached age 62 "if the employee is eligible for social security benefits under 42 U.S.C. ss. 402 and 423" (Emphasis added).
Under the 2003 amendment to the statute (Ch. 2003-412, s.18, Laws of Fla.), annual increases are now limited to 3%, and entitlement to those benefits now terminates at age 62 "regardless of whether the employee has applied for or is eligible to apply for" either social security disability or retirement benefits (Emphasis added).
In Wood v. Winter Garden Citrus Growers, the claimant was 66 years old when she was injured on 12/16/2003. She was accepted as permanently totally disabled by the employer/carrier when she was 67 years old. Under the First DCA's interpretation of the pre-2003 statute, she would have been eligible for PTD supplemental benefits. See Burger King v. Moreno, 689 So.2d 288 (Fla. 1st DCA 1997). Under the 2003 version of the statute, however, she was completely ineligible for PTD supplemental benefits, and she contended that the statutory amendment unconstitutionally denied her the equal protection of the law because it discriminated against her solely on the basis of her age.
Oral argument was held on 5/16/2007 which you can watch by clicking here. The First DCA rejected her challenge without comment on 5/18/2007.
NOTE: Because this was a "PCA," i.e. an affirmance of the lower court without opinion, the First District's decision cannot be cited as precedent for the points of law at issue in the case.
