The 2023 Florida Statutes (including Special Session C)
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. . . In the order, the JCC found that, in accordance with section 440.15(1)(f), Florida Statutes (2008), Claimant . . . subsequently paid both permanent total disability (PTD) and supplemental PTD disability benefits under section 440.15 . . . Claimant reached the age of 62, the E/C stopped paying supplemental benefits as provided in section 440.15 . . .
. . . . § 440.15(4)(a), Fla. Stat. (2017) ; see also Wyeth/Pharma Field Sales v. . . . argument, the E/C rely primarily on Spencer's alleged refusal of suitable employment under section 440.15 . . . /C here had the burden of proving their affirmative defense of a voluntary limitation under section 440.15 . . . the JCC's rejection of the E/C's affirmative defense of refusal of suitable employment under section 440.15 . . .
. . . lthough the express "voluntary limitation of income" defense has been removed from the statute, section 440.15 . . . this court has analogized the statutory defense of "refusal of suitable employment" found in section 440.15 . . . If the Claimant is found to have refused "employment suitable to" his capacity, section 440.15(6), Florida . . . shall be payable based on the deemed earnings" of Claimant just as if "he had remained employed." § 440.15 . . .
. . . the impairment rating, the E/C began paying permanent impairment benefits ("IBs") pursuant to section 440.15 . . .
. . . compensation statute, which reads as follows: Subject to the payment of permanent benefits under s. 440.15 . . . physical injury or injuries, which shall be included in the period of 104 weeks[ ] as provided in s. 440.15 . . . Supreme Court ruled that the workers' compensation statute's 104-week cap on temporary benefits in § 440.15 . . . Westphal and others like him, up from the 104 weeks authorized in § 440.15(2)(a). Id. . . . 260-week limitation on the entitlement to temporary total disability benefits as set out in section 440.15 . . .
. . . Under section 440.15(4)(a), Florida Statutes (2014), TPD benefits are payable if MMI has not been reached . . .
. . . Llanes Rodriguez's refusal to accept suitable employment offered by her employer was justifiable under § 440.15 . . . I concur in the result, but I would hold that under section 440.15(6), Florida Statutes, an injured employee . . . met its burden of persuasion that it had offered Claimant suitable modified-duty work under section 440.15 . . . In cases interpreting section 440.15(6), Florida Statutes, such a requirement would properly limit the . . . employee to refuse suitable employment offered by an employer and still receive compensation. § 440.15 . . .
. . . See § 440.15(3)(b)-(c), Fla. Stat. (2013) ; Fla. Admin. Code R. 69L-7.604. . . .
. . . section 440.093(3) has provided as follows: ' Subject to the payment of permanent benefits under s. 440.15 . . . physical injury or injuries, which shall be included in’ the period of 104 weeks as provided in s. 440.15 . . . to the payment of permanent benefits under s. 440.15”—like-wise requires a connection between mental . . . impairments remaining after the date of maximum medical improvement (“MMI”). § 440.15(1), (3) Fla. . . . See § 440.15(3)(b)-(c), Fla. Stat. (2011). . . .
. . . the 104-week limitation on the payment of temporary total disability (TTD) benefits under paragraph 440.15 . . . Here, however, before Westphal II there had never been a construction of paragraph 440.15(2)(a) by the . . .
. . . Accordingly, she is no longer eligible for wage-loss benefits under section 440.15, Florida Statutes. . . .
. . . The statute at issue is section 440.15(3)(c), Florida Statutes (2009), and the pertinent sentence reads . . .
. . . Weekly D2490, 202 So.3d 964 (Fla. 1st DCA 2016) (applying Westphal to section 440.15(4)(e), Florida Statutes . . .
. . . TTD) and temporary partial disability (TPD) benefits beyond the 104-week cap imposed by subsections 440.15 . . . Petersburg, 194 So.3d 311 (Fla. 2016), that the 104-week limitation set forth in subsection 440.15(2) . . . Westphal’s reasoning was recently extended to subsection 440.15(4), which applies to TPD recipients, . . .
. . . disability benefits but for the expiration of the 104-week eligibility limitation found in paragraph 440.15 . . . Petersburg (Westphal II), 194 So.3d 311, 327 (Fla.2016), in which the court held paragraph 440.15(2)( . . . who are temporarily partially disabled when the 104-week eligibility period expires under paragraph 440.15 . . . See § 440.15(4)(c), Fla. Stat. (1991). . . . In reaching this conclusion, however, we make no judgment as to whether the remainder of subsection 440.15 . . .
. . . of both a medical benefit and temporary disability benefits under the apportionment statute, section 440.15 . . .
. . . permanent impairment rating (PIR), that he was entitled to impairment income benefits (IBs) under section 440.15 . . .
. . . Section 440.15, Florida Statutes Section 440.15, Florida Statutes (2009), governs the payment of disability . . . duration not to exceed 350 weeks. § 440.15(2), Fla. . . . See § 440.15(2), Fla. Stat. (1967). . . . See § 440.15(5), Fla. Stat. (2009). . . . See § 440.15(2)(a), Fla. Stat. (1991). . . . I agree with the conclusion reached by the majority that section 440.15(2)(a) is unconstitutional as . . . judicial rewriting of a problematic statute is no more evident than in the present case where section 440.15 . . . See Westphal, 122 So.3d at 444 (avoiding a constitutional challenge by holding that under section 440.15 . . . Although 'both rewrites of section- 440.15 may have been good faith attempts to protect injured workers . . . However, section 440.15 — both under its plain meaning, and as interpreted by the majority today— denies . . .
. . . challenges the Judge of Compensation Claims’ (JCC’s) rejection of its misconduct defense under paragraph 440.15 . . . defenses to say that Claimant is ineligible for TPD benefits because she was terminated for misconduct. § 440.15 . . . address is whether the E/C established its affirmative defense based on termination for misconduct. § 440.15 . . . action; they do not, however, constitute “misconduct” by operation of law for purposes of ' section 440.15 . . . Pizza & Pasta Inc., 956 So.2d 542, 543 (Fla. 1st DCA 2007) (affirming application of paragraph 440.15 . . .
. . . .; (2) reductions in the duration of temporary benefits, § 440.15(2)(a), Fla. . . .
. . . Claimant’s second point on appeal lodges a constitutional challenge to subparagraph 440.15(3)(g)l., Florida . . . Subparagraph 440.15(3)(g)l permits an award of impairment benefits to an injured worker with a permanent . . . 40 (Fla. 3d DCA 2011) (holding claimant lacked standing to challenge constitutionality of subsection 440.15 . . . 603 (Fla. 1st DCA 1984) (holding claimant had no standing to challenge constitutionality of paragraph 440.15 . . .
. . . Relying on the 104-week statutory limitation contained in paragraphs 440.15(2)(a) and 440.15(4)(b), Florida . . .
. . . temporary partial disability (TPD) benefits based on a refusal of suitable employment under subsection 440.15 . . . Under paragraph 440.15(4)(a), Florida Statutes (2008), an injured employee or claimant is entitled to . . . establish entitlement to TPD benefits, but also that the E/C satisfied the requirements of subsection 440.15 . . . Subsection 440.15(6), however, provides that the disqualification applies only during the continuance . . . of a refusal of employment. § 440.15(6), Fla. . . .
. . . (1) Whether the Judge of Compensation Claims’ (JCC’s) apportionment findings, grounded in paragraph 440.15 . . . Paragraph 440.15(5)(b), Florida Statutes (2013), provides, in relevant part: If a compensable injury . . . Due to the strong presumption of the constitutional validity of paragraph 440.15(5)(b), it should not . . .
. . . . ■ See § 440.15(5)(b), Fla. . . .
. . . perspective of each treating, specialty, Claimant is no longer entitled to temporary disability benefits. ⅜§ 440.15 . . .
. . . On appeal in this Court, Appellant failed to establish that paragraph 440.15(4)(e), Florida Statutes . . .
. . . contravenes section 440.093(3), which reads: Subject to the payment of permanent benefits under s. 440.15 . . . s physical injury or injuries, which shall be included in the period of 104 weeks as provided in s. 440.15 . . . paid for more than 6 months after [the date of physical MMI]” — and the operative language in section 440.15 . . . Fla. 1st DCA 2008) (reaffirming that 104-week cap on temporary disability benefits, found in section 440.15 . . .
. . . On appeal in this court, Appellant failed to establish that Section 440.15(4)(e), Florida Statutes (2011 . . .
. . . Section 440.15(3)(c), Florida Statutes (2013), provides: Impairment income benefits are paid biweekly . . .
. . . (amending section 440.15(3)(c), Florida Statutes). . . .
. . . alleged late payment of impairment income benefits (IIBs) paid to Claimant by the E/SA under section 440.15 . . . All IIBs are based on the permanent impairment rating (PIR) attributable to the workplace injury. § 440.15 . . . Section 440.15(3)(a)l. provides that once the claimant reaches the date of maximum medical improvement . . .
. . . C acted on this MMI date by suspending all temporary disability benefits, as is required by section 440.15 . . .
. . . (Fla. 1st DCA 2003) (“We hold that the termination of supplemental benefits pursuant to ... section 440.15 . . . (l)(f)l., Florida Statutes (1995) is not a reverse offset pursuant to section 440.15(10)-”). . . .
. . . . § 440.15(5)(b), Fla. Stat. . . . Lee was based on medically acceptable evidence under section 440.15(5)(b), which requires that the E/ . . .
. . . and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15 . . .
. . . He is receiving temporary total disability benefits under section 440.15(2), Florida Statutes (2011). . . . See § 440.15(2)(a), Fla. Stat. . . .
. . . Applying the “Scope-of-Subparts Canon,” sub-subsection 440.15(3)(c), Florida Statutes (2002), would apply . . . only to subsection (3), not to the rest of section 440.15. . . . impairment and wage-loss benefits”) and sub-subsection 440.15(3)(c) (“Duration of temporary impairment . . . , and supplemental income benefits”) would limit the application of the sentence in sub-subsection 440.15 . . . Finally, both subsections 440.15(2) and (4) contain express limitations on the duration of temporary . . . order denying him temporary total disability (TTD) benefits beyond the 401-week limitation in section 440.15 . . . See § 440.15(3)(a)3., Fla. Stat. (2002); Ch. 03-412, § 18,- at 3924, Laws of Fla. . . . See § 440.15(3)(b), Fla. Stat. (2002). . . . See § 440.15(2)(a) & (4)(b), Fla. Stat. (2002). . . . See § 440.15(3)(a)3., Fla. Stat. (2002). . . .
. . . benefits based solely on her physical limitations, relying on the following language found in section 440.15 . . . available within a 100-mile radius of the injured employee’s residence due to physical limitation.” § 440.15 . . . This Court held that “[sjection 440.15(l)(b)[, Florida Statutes (Supp. 1980),] does not preclude PTD . . . Specifically, the Childers Court stated that “[ujnder the pre-1994 version of section 440.15(l)(b), [ . . . The pertinent language in the current version of section 440.15(l)(b)[, Florida Statutes (2004),] is . . .
. . . alia, declining to determine whether Claimant had been discharged for misconduct, given that section 440.15 . . .
. . . obligated to pay some amount of impairment benefits to satisfy its liabilities incurred under section 440.15 . . . Section 440.15(8)(a) provides, however, that impairment benefits are payable when the employee reaches . . . Further, impairment benefits are payable upon establishment of a “permanent impairment.” § 440.15(3)( . . .
. . . See § 440.15(4)(a), Fla. . . .
. . . shall secure, the payment to his or her employees ... of the compensation payable under ss. 440.13, 440.15 . . .
. . . Section 440.15(2)(a) of the Workers’ Compensation Law provides that a disabled worker is eligible for . . . By the plain language of section 440.15(2)(a), an injured worker who is still totally disabled at the . . . Section 440.15(2)(a) of the Workers’ Compensation Law provides that an injured worker who is totally . . . See § 440.15(2)(a), Fla. Stat. (Supp.1994). . . . See § 440.15(2)(a), Fla. Stat. (1993). . . . settled precedent and, contrary to the original panel opinion, does not render any portion of section 440.15 . . . made clear that their first preference was for the court to reaffirm the interpretation of section 440.15 . . . It is unclear whether the majority elected to reinterpret section 440.15 in order to avoid declaring . . . See § 440.15(l)(b), Fla. Stat. . . . If we were to construe section 440.15(3)(a)4. . . . See §§ 440.15(2)(a), 4(e), Fla. Stat. (2009); Okeechobee Health Care v. . . . Section 440.15(2)(a), Florida Statutes (2009), provides that "in case of disability total in character . . . Section 440.15(4)(e), Florida Statutes (2009), provides that temporary partial disability benefits "shall . . .
. . . to receiving PTD benefits, Claimant received PTD supplemental benefits, as provided for in section 440.15 . . . Section 440.15(l)(e)l., Florida Statutes (Supp.1992), which provides for PTD supplemental benefits, states . . .
. . . Claimant sufficiently established his entitlement to PTD benefits under the standards set forth in section 440.15 . . .
. . . various methods by which a claimant may establish entitlement to PTD benefits, as set forth in section 440.15 . . .
. . . .” § 440.15(1), Fla. Stat. (2010). . . . 381, 334 (Fla. 1st DCA 2011) (“This court has stated that the legal question presented under section 440.15 . . .
. . . Section 440.15(l)(a), Florida Statutes (2007), states that the compensation rate for PTD benefits is . . .
. . . maintain her psychiatric condition, the JCC failed to take into proper account the provisions of section 440.15 . . .
. . . See § 440.15(1)(b)1.-5., Fla. Stat. (2007). . . . to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence.” § 440.15 . . .
. . . Section 440.15(5)(b), Florida Statutes (2008), addresses apportionment of permanent indemnity benefits . . . See § 440.15(5)(b), Fla. Stat. (2008). . . .
. . . See § 440.15(4)(e), Fla. Stat. (2009). . . .
. . . and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15 . . .
. . . In this workers’ compensation appeal, Appellant/Claimant challenges the constitutionality of section 440.15 . . . Claimant contends that, because the cessation of PTD benefits under section 440.15(l)(b) discriminates . . . Section 440.15(l)(b), Florida Statutes (2003), classifies the entitlement to PTD benefits by age of the . . . Regarding age classifications in section 440.15, the Florida Supreme Court has stated, “[t]he ‘rational . . . As Claimant conceded at oral argument, section 440.15(l)(b) passes the Kluger test and does not violate . . .
. . . Paradise Ford, 951 So.2d 12 (Fla. 1st DCA 2007), incorrectly interpreted section 440.15(5)(b), Florida . . . By conflating section 440.15(5)(b) with section 440.42(4), Florida Statutes, our court has confused the . . . employer/carrier (“E/C”) was entitled to avail itself of the apportionment defense provided for in section 440.15 . . . concluded that the E/C was entitled to avail itself of the apportionment defense provided for in section 440.15 . . . Pursuant to section 440.15(5)(b), Florida Statutes (2009), “If a compensable injury, disability, or need . . . failing to apportion the indemnity and medical benefits awarded to the claimant as required by section 440.15 . . . underlying Pearson and Proctor to be equally applicable in the apportionment context under section 440.15 . . .
. . . The controlling statute is section 440.15(1), Florida Statutes (2008). . . . employee cannot prove he or she sustained one of the enumerated catastrophic injuries listed in section 440.15 . . . employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.” § 440.15 . . .
. . . See § 440.15(10)(a), Fla. . . .
. . . See § 440.15(l)(e)2.b., Fla. Stat. (1983). . . . Section 440.15(l)(e)2.b., Florida Statutes (1983), provides: The division shall provide by rule for the . . .
. . . Section 440.15, Florida Statutes, governs the payment of disability benefits to injured employees. . . . .” § 440.15(1)-(2), Fla. Stat. (2006) (emphasis added). . . . .” § 440.15(l)(b), Fla. Stat. (“In no other case may [PTD] be awarded.”). . . . See § 440.15(3)(g), Fla. Stat. . . . If we were to construe section 440.15(3)(a)4. . . . Section 440.15(2)(a) of the Workers’ Compensation Law provides that an injured worker who is totally . . . Section 440.15(2)(a), the subsection that sets the 104-week limit on eligibility for temporary total . . . It follows that the permanent impairment rating required by section 440.15(3)(d) is the equivalent of . . . See § 440.15(2)(a), Fla. Stat. (Supp. 1994). . . . See § 440.15(2)(a), Fla. Stat. (1993). . . . Under the current statute, temporary total disability benefits have been reduced to 104 weeks, section 440.15 . . . 114, 116 (Fla. 1st DCA 1982) (upholding against an access to courts challenge an amendment to section 440.15 . . . about potential constitutional concerns in the context of the apportionment of benefits under section 440.15 . . . , a significant number of injured workers receive significantly reduced benefits because of section 440.15 . . .
. . . See § 440.15(4), Fla. Stat. (2005). . . .
. . . Section 440.15(4), Florida Statutes (2009), which provides for the payment of temporary, partial disability . . . forms and procedures governing the method and time for payment of temporary disability benefits.” § 440.15 . . .
. . . . § 440.15(2), Fla. Stat. (2006). . . . .” § 440.15(4), Fla. Stat. (2006). . . .
. . . See § 440.15(l)(b)5., Fla. Stat. (2007). . . . This court has stated that the legal question presented under section 440.15(l)(b)5. is not merely whether . . .
. . . See § 440.15(4), Fla. Stat. (2007). . . .
. . . Section 440.15(l)(b), Florida Statutes (2006), provides that an injured employee may prove entitlement . . .
. . . . §§ 440.3, 440.15. . . .
. . . Merrell, 43 So.3d 792, 795-96 (Fla. 1st DCA 2010), we held section 440.15(5)(b), Florida Statutes (2008 . . . Section 440.15(5)(b) allows for apportionment only “[i]f a com-pensable injury, disability, or need for . . . Merger, however, is defined in section 440.15(5)(b) as: the combining of a preexisting permanent impairment . . . The 2006 version of section 440.15(5)(b) applicable in this case is identical. . . .
. . . failed to satisfy the five-step sequential inquiry used to establish catastrophic injury under section 440.15 . . .
. . . See § 440.15(4)(a), Fla. . . .
. . . See § 440.15(3)(g)l, Fla. . . . plaintiffs first amended complaint was a declaratory judgment action seeking a finding that section 440.15 . . . The plaintiff claimed that section 440.15(3) eliminated (for someone with his level of disability) his . . . See, e.g., § 440.15(3)(b)l.a, Fla. . . . In fact, the plaintiff concedes that his constitutional challenge to section 440.15(3) could have been . . .
. . . and wage loss, albeit at different levels, §§ 440.12, .13, and it includes disability compensation, § 440.15 . . .
. . . received temporary partial disability (“TPD”) benefits for the full 104-week period allowed under section 440.15 . . .
. . . Computer Science Raytheon, 36 So.3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida . . .
. . . See § 440.15(l)(b)5., Fla. . . . See § 440.15(3)(b), Fla. . . .
. . . (amending § 440.15(2), (4), Fla. Stat.). We explained in City of Pensacola Firefighters v. . . .
. . . The carrier shall thereafter pay compensation in biweekly installments or as otherwise provided in s. 440.15 . . .
. . . See § 440.15(4)(e), Fla. Stat. (2005). . . .
. . . The 1996 Florida Uniform Permanent Impairment Rating Schedule (enacted pursuant to section 440.15(3)( . . .
. . . See § 440.15(5)(a), Fla. . . .
. . . Under the version of section 440.15(l)(b) applicable to this 2004 date of accident, a claimant not presumptively . . . employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.” § 440.15 . . .
. . . In particular, I agree that there is nothing unclear or ambiguous about section 440.15(5)(b); that, as . . . result, there is no reason to resort to statutory construction; and that, by its clear language, section 440.15 . . . I write to express my concerns about what I perceive is likely to be the impact of section 440.15(5)( . . . I fear that section 440.15(5)(b), as currently written, will frustrate, rather than further, that intent . . . For the reasons I have expressed, I believe section 440.15(5)(b) to be ill-advised. . . . failing to apportion the indemnity and medical benefits awarded to Claimant, as required by section 440.15 . . . In 2003, the Legislature amended section 440.15(5), Florida Statutes. . . . Consequently, we find section 440.15(5)(b) now allows for the apportionment of all indemnity benefits . . . The second sentence of section 440.15(5)(b) addresses apportionment of permanent indemnity benefits, . . . See §§ 440.15(2)(a), (4)(a), Fla. Stat (2008). . . .
. . . To make this determination, the JCC should apply the statutory formula in section 440.15(4)(a), as well . . . as the language in section 440.15(7) which states that “[i]f the employee leaves her or his employment . . . Even if section 440.15(7) was not applicable on remand because it had not been specifically raised as . . . Section 440.15(4)(a) provides that TPD benefits are payable at the rate of 80% of the difference between . . . Genesis Health, Inc., 917 So.2d 276, 277 (Fla. 1st DCA 2005) (explaining that “section 440.15(4)(a), . . . sufficient to preclude temporary partial disability benefits under the formula set forth in section 440.15 . . .
. . . On remand, the JCC, in determining Claimant’s entitlement to TPD benefits, shall consider section 440.15 . . .
. . . the JCC render a ruling on the correct rate of impairment income benefits payable pursuant to section 440.15 . . . relationship to the agreed upon average weekly wage, and appears deficient under any reading of section 440.15 . . . to benefits, the carrier shall pay compensation directly to the employee as required by §§ 440.14, 440.15 . . .
. . . has been released to perform restricted work); cf. section 440.15(2)(a) (stating TTD benefits are payable . . . absolute prohibition, on the injured employee’s ability to return to work, as argued by the E/SA. § 440.15 . . . See section 440.15(4)(a), Florida Statutes (providing compensation shall be equal to 80 percent of the . . . It was subsequent to Ahles, that the Legislature amended section 440.15(4) to create an absolute bar . . . to TPD benefits to those employees terminated from post-injury employment for "misconduct.” § 440.15( . . .
. . . Pursuant to section 440.15(3)(a), Florida Statutes (2005), once an employee reaches MMI, impairment benefits . . . to notify the treating doctor of its obligation to certify a date of MMI and an impairment rating. § 440.15 . . . See § 440.15(3)(d), Fla. Stat. . . . See § 440.15(3), Fla. Stat. . . . See § 440.15(3)(d), Fla. Stat. (2005). . . .
. . . and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15 . . .
. . . See § 440.15(4)(a), Fla. Stat. (2006). Had the JCC accepted Dr. . . . See § 440.15(6), Fla. . . .
. . . See § 440.15(12), Fla. Stat. (2008). . . .
. . . See § 440.15(3)(a)-(d), Fla. Stat. (2002). . . . requirements pertaining to an employee’s entitlement to supplemental income benefits pursuant to section 440.15 . . . time that the employee fails to timely file his request for wage loss and the job search reports. § 440.15 . . . The statutory provision at issue here relates to supplemental income benefits. § 440.15(3)(b), Fla. . . . obtain repayment of any overpayment in accordance with paragraph (3)(d) of this rule and pursuant to s. 440.15 . . .
. . . its request to apply a fifty-percent reduction to Claimant’s impairment benefits pursuant to section 440.15 . . . Claimant impairment benefits pursuant to the fifty-percent earned income reduction provided in section 440.15 . . . Accordingly, the question presented is whether section 440.15(3)(c) requires a causal connection between . . . The pertinent language of section 440.15(3)(c), Florida Statutes (2005), provides: Impairment income . . . We agree with the JCC that section 440.15(3)(c) is clear and unambiguous. . . .
. . . See § 440.15(2)(a), Fla. . . .
. . . On appeal, Claimant does not raise a substantive argument as to the JCCs application of section 440.15 . . .
. . . temporary partial disability (TPD); and the forfeiture of benefits under the defense found in section 440.15 . . . See § 440.15(4)(a), Fla. . . . See § 440.15(6), Fla. Stat. (2006). . . . See § 440.15(6), Fla. Stat. (2006). . . . See § 440.15(6), Fla. Stat. (2006); see also Kelley, 900 So.2d at 669. . . .
. . . See § 440.15(l)(b)5., Fla. Stat. (2005). . . .
. . . . § 440.15(2)(a), (4)(b), Fla. Stat. (2003). . . .
. . . Petitioners filed a motion for repayment of all TTD benefits paid during this period pursuant to section 440.15 . . .
. . . See § 440.15(5)(b), Fla. Stat. (2000); see also Holiday Inn v. . . .
. . . parties stipulated that Claimant suffered a qualifying, threshold “catastrophic injury” under section 440.15 . . . See § 440.15(l)(b), Fla. Stat. (2001). . . . See § 440.15(l)(b), Fla. Stat.; see also Home Depot v. Turner, 820 So.2d 1075 (Fla. 1st DCA 2002). . . . See § 440.15(7), Fla. Stat. (2001). . . . See § 440.15(7), Fla. Stat. (2001). . . .