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Tuesday, June 19, 2012

Too Old For Comp Statute Upheld

An Appellate  Court in Florida has upheld a state law that limits workers' compensation benefits due to age. The Court held:



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