Section 440.15(1)(b), Florida Statutes (2003), classifies the entitlement to PTD benefits by age of the claimant, providing:. . . If the accident occurred on or after the employee reaches age 70, benefits shall be payable during the continuance of [PTD], not to exceed 5 years following the determination of PTD. . . .Regarding age classifications in section 440.15, the Florida Supreme Court has stated, “[t]he ‘rational basis’ test is the proper standard of review. There is no 3basis to conclude that an elevated standard of review is appropriate.”
Berman v. Dillard's and ESIS, Case No. 1D11-4653 (FL 1st DCT APP) Decided June 14, 2012
