Are Temporary Total Disability benefits within the class of “temporary benefits” subject to the 401 week limitation?

The recent case of Holl v. UPS and Liberty Mutual, stands for the proposition that the 2002 version of the statute dealing with a limitation of 401 weeks of benefits also applies to Temporary Total Disability Benefits.  Section 440.15(3)(c) which was in effect in 2002, provides that “[t]he employee’s eligibility for temporary benefits, impairment income benefits, and supplemental benefits terminates on the expiration of 401 weeks after the date of injury.”  Although this subsection is under the title (3) Permanent Impairment and Wage Loss Benefits, the Court held that the specific language of the statute includes temporary benefits.  Therefore, the 401 week limit does apply to temporary total disability benefits. Note that this opinion Holl v. UPS and Liberty Mutual,was filed on June 9, 2014 and is not yet Final.

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