Opinion
No. 1D14–4708.
2015-06-18
Sergio RAMIREZ, Appellant, v. JORDA ENTERPRISES, INC./Technology Insurance Company, Inc., Appellees.
Richard A. Sicking and Mark A. Touby of Touby, Chait & Sicking, P.L., Coral Gables, for Appellant. Rayford H. Taylor of Casey Gilson, P.C., Atlanta, GA., for Appellee.
An appeal from an order of the Judge of Compensation Claims. Sylvia Medina–Shore, Judge.
Richard A. Sicking and Mark A. Touby of Touby, Chait & Sicking, P.L., Coral Gables, for Appellant. Rayford H. Taylor of Casey Gilson, P.C., Atlanta, GA., for Appellee.
OPINION ON MOTION FOR REHEARING/WRITTEN OPINION
This cause is before us on Appellant's Motion for Rehearing/Written Opinion. We grant the motion, withdraw our former opinion of May 4, 2015, and substitute this opinion in its place.
Based on this Court's decision in Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management, 122 So.3d 440 (Fla. 1st DCA 2013) (en banc), the Judge of Compensation Claims correctly limited the award of temporary benefits to 104 weeks. On appeal in this court, Appellant failed to establish that Section 440.15(4)(e), Florida Statutes (2011), is unconstitutional as applied to him.
AFFIRMED.