Morgan’s Tip of the week- Old law 401 week cap

Morgan Indek's majestic headstand on a surf board


For claimant’s with a date of accident between 1/1/1994 and 9/30/2003, there was a cap on the window where temporary benefits were available of 401 weeks.   Under 440.15(3)(c) they had to use their 104 weeks (back then) of TTD or TPD within 401 weeks (7 years and 8 months ish) of the date of accident, or they were no longer eligible for TTD/TPD.

This 401 week window provision was removed from the 10/1/2003 statute, so it does not apply to any dates of accident after that date.

 Basically, even if the date of accident was on the last day of that 1994 statute 9/30/2003, all claimant’s rights to temporary benefits have expired as of around May 2011.  That applied even if they had a subsequent surgery, all temporary benefit entitlement ended 401 weeks after the date of accident.

In Doss v. UPS (link below), a claimant challenged the constitutionality of the 401-week window cap in light of the Westphal case, which extended the 104 weeks of temporary benefits to 260 weeks.  The 1st DCA concluded under the facts in Doss, the 401 week window cap IS constitutional.   So all those old dog files can remain sleeping.


Morgan Indek | Managing Partner