Florida Supreme Court Could Ultimately Rule on Workers’ Compensation Constitutionality Case

Above:  Colodny Fass Lawyers Maria Elena Abate and Donovan Brown note today’s development in the Florida workers’ compensation constitutionality case

The Florida Supreme Court could ultimately rule in Florida Workers’ Advocates et al. v. Florida, a case that potentially has major implications for the state’s workers-compensation insurance system.

THE NEWS SERVICE OF FLORIDA reported today, July 10, 2015, that the legal group Florida Workers Advocates asked the Florida Supreme Court to take up the case this week. The matter stems from arguments that a key part of Florida’s workers’ compensation system is unconstitutional, but the Third District Court of Appeal (“Third DCA”) last month ruled that the plaintiffs, including Florida Workers Advocates, did not have legal standing and that the case was moot–essentially overturning the 2014 ruling that questioned the constitutionality of the “exclusive remedy” provision in Chapter 440, F.S.

The Third DCA did not rule last month on the constitutional question, which deals with a longstanding concept in Florida that cases involving injured workers should be handled through the workers’ compensation system instead of through civil lawsuits. Under the “exclusive remedy” provision the employer liability provisions set forth are the only remedy an employee who is injured on the job may pursue against his or her employer, with limited exceptions.  

If the 2014 decision stands, injured Florida workers would be permitted to file negligence actions against their employers. 

Should you have any questions or comments, please contact Maria Elena Abate or Donovan Brown at Colodny Fass.

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