Crispin v. Orlando Rehab Group/Gallagher Bassett

Bill Rogner and Scott Miller

The DCA affirmed the JCC’s finding that the five year limit on PTD benefits in F.S.s. 440.15(1)(b) (for claimants whose date of accident occurs on or after their 70th birthday), is a calendar period, and not a bank. Claimant’s injury occurred at age 73. The E/C accepted the claimant as PTD on 5/26/12, and ceased PTD payments exactly five years later on 5/26/17. The claimant argued that the E/C should have reclassified her benefits as TTD during her surgery and subsequent recovery from 10/22/15 to 1/4/15 , thus entitling her to an additional 10 ½ weeks of PTD after 5/26/17. The DCA affirmed the JCC’s rejection of the claimant’s theory of a “bank” of PTD benefits, and found the plain language of the statute compelled such a finding.