The First District Court of Appeal recently issued an Opinion dealing with a claimant’s entitled to TTD and PTD after the expiration of the 104 weeks.  In Jose Gomez-Lujano v. Palm Beach Grill-Houston’s Restaurant and Travelers, Case No. 1D15-670 issued on November 19, 2015, the claimant received his 104 weeks of temporary indemnity benefits.  He was able to return to work and worked for two years until he had surgery related to the original accident at work.  As a result of the surgery, the claimant missed worked and was on no work status and on light duty status.  Claimant filed PFBs seeking TTD/TPD and/or in the alternative PTD.

Applying the holding in Westphal, the JCC correctly denied any temporary benefits after the expiration of 104 weeks.  Claimant also failed to present evidence that he would otherwise meet the legal standard for PTD under Westphal.

The decision is not final until the 15 days for Motion for Rehearing expire.