Bradley Westphal, Petitioner v. City of St. Petersburg

Summary

Justice Lewis, concurring in result, agrees that section 440.15(2)(a) of the Workers’ Compensation statute is unconstitutional as applied to Bradley Westphal, but argues that the majority’s remedy of reviving the 1994 limitation is inadequate and calls for comprehensive legislative reform. The concurrence emphasizes that judicial rewrites cannot cure the constitutional defect and that the legislature must provide a valid scheme.