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Find Solutions & Strategies August 18, 2014 |
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 Judge Rebukes Florida Workers' Comp System
Rules exclusive remedy defense is unconstitutional |
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| A Note From the Editor |
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Get firsthand insights from respected attorneys including Brad Bleakney, Lex K. Larson, Richard Lenkov, Jennifer C. Jordan, Thomas A. Robinson and many more at the National Workers' Compensation & Disability Conference®. Plus, you'll earn CLEs just by attending. Best of all, you get a special discount: $325.00 off the standard rate. You attend NWCDC for only $995 by registering with Promo Code LNL by Nov. 3. |
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florida workers' advocates v. state of florida |
"[T]here are those who disagree with my analysis of this case and believe that the entire act has been declared to be unconstitutional. In my opinion, that ignores how s. 440.11, Fl. Stat. (2003) operates within the confines of the workers compensation statute."
By Mary Ann Stiles, Esq., Partner, Quintairos, Prieto, Wood & Boyer, P.A.
 Without a defendant or a case of questionable controversy and no defense as to the constitutionality of whether or not s. 440.11, Fl. Stat. (2003) is invalid, a circuit court judge held that "As a matter of law, Chapter 440, effective October 1, 2003 is facially unconstitutional as long as it contains s. 440.11 as an exclusive replacement remedy." See page 19 of the court order. The procedural aspect of this case is very flawed and those reasons are correctly pointed out in the Attorney General's Response to Court's Order to Show Cause Dated July 24, 2014...read more.
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the blogosphere on the florida ruling |
Last week's ruling in Florida Workers' Advocates v. State of Florida has set fire to the blogosphere. Here are some notable quotes:
"Could August 13, 2014 be a 'red letter day' in workers' compensation across the country?" Florida Workers' Comp Adjudication
"I warned that the continued erosion of the no fault doctrine of comp was a two edged sword, and that eventually employers would get cut by the same instrument they were championing at the time." From Bob's Cluttered Desk
"From compensability, to lost wages and medical benefits, each legislative session saw quid pro quo losses to Florida's workforce. 2002 was the watershed year for system gutting. Medical and indemnity benefits were dramatically reduced, Claimant's attorneys were neutered in their ability to provide full and adequate legal representation." Florida Injury Attorney Blawg.
Editor's Note: To read our various blog posts on whether the workers' compensation system in general is working, see the LexisNexis Legal Newsroom Workers' Compensation Centennial website. |
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LARSON'S SPOTLIGHT ON RECENT CASES |
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
Florida: Circuit Court Finds Exclusive Remedy Defense Unconstitutional. The Circuit Court of the 11th Judicial Circuit (in and for Miami-Dade County) has entered an Order finding that the exclusive remedy provision of the Florida Workers' Compensation Act is unconstitutional because...read more.
Pennsylvania: Worker's Injuries Sustained Just After Quitting Are Nonetheless Compensable. A worker who within a few minutes of quitting his job as a driver technician sustained injuries in a fall on his "former" employer's premises, is entitled to...read more.
Tennessee: Employee's Decision to Take Buy-Out Is Not Equivalent of Refusing Reemployment. Since an employee acted reasonably by accepting a voluntary buyout for reasons related to his injuries, his award of PPD was not limited to...read more.
New York: Videotape of Claimant's Activities Leads to Disqualification from Benefits. A claimant violated N.Y. Workers' Comp. Law § 114-a by misrepresenting her work activity while receiving benefits...read more.
New York: Injured Employee's Action to Recover Uninsured/Underinsured Motorist Benefits Against Employer's Liability Carrier Barred. Where an employee sustained injuries in a motor vehicle accident while in the course of her employment, but could not proceed in tort against the responsible driver...read more. |
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lexisnexis legal newsroom blogs |
 What's in a Name? DE IAB Awards Max Disfigurement for Leg Under Bagley, by Cassandra Roberts, Esq. Read it.
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