March 23--ST. PETERSBURG -- City attorneys are asking an appellate court to reconsider a contentious workers compensation case that led to a portion of Florida's laws on worker injuries being declared unconstitutional.
The First District Court of Appeal in February sided with longtime St. Petersburg firefighter Brad Westphal, who sued the city over disability benefits following a serious spine and leg injury in 2009. A three-judge panel that heard the case also struck down a provision that limits temporary benefits to just two years.
The landmark ruling should be considered by the whole court, which is comprised of 15 judges, St. Petersburg City Attorney John Wolfe said.
"This case affects workers comp in general," Wolfe said. "It will increase the cost of workers comp for small businesses, large business, city government everyone."
Florida Attoney General Pam Bondi's office has also called for the case to be reheard, Wolfe said.
Westphal suffered a severe spinal injury stepping off a fire truck. He needed two back surgeries but still has limited mobility in his left leg, which has atrophied, said his attorney, Jason Fox.
He received temporary disability benefits until the city cut off payments after the two-year limit on those benefits expired in 2011. The city continued to pay his health insurance and pension retirement benefits, according to a city memo.
The two-year period is intended to give workers time to recover or give them enough time to prove they are permanently disabled.
The city eventually agreed in mediation to pay Westphal $16,000, but that did not cover benefits Westphal said he lost over a nine-month period, prompting him to sue the city.
Westphal's attorney has filed a brief opposing the request for a rehearing.
"I think they're wasting their time and taxpayers money when they should just be paying Brad and putting this to bed," Fox said.
Publicity about the case prompted complaints from Council Member Charlie Gerdes that the City Council had not been informed about the case and the strategy city attorneys are pursuing.
The appellate court ruling was significant enough for attorneys to brief the council, said Gerdes, an attorney who practices business litigation.
"That would have been a nice time to get us together and say this issue has come up," he said.
Attorneys agreed Thursday they would produce a regular summary report on ongoing litigation. City Council members were also given an update on the case in a closed meeting.
"I now understand the positions they took and why they took them," Gerdes said. "I hope at the end of the day, whenever that comes, that the Westphals will feel the city treated them right."
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