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Friday, August 22, 2014

Florida Court Holds Exclusive Remedy Facially Unconstitutional

Today's post authored by The Hon David Langham is shared from
For some reason, I have found myself thinking of great comedians this week (veiled reference to the loss of one of America's greatest last Sunday). I am always a fan of those that make me laugh. One that came to mind yesterday afternoon is Jim Carrey and his portrayal of the Grinch in Ron Howard's modern adaptation. There is a scene in which the Grinch is somewhat forcibly fed "pudding" by the Whos, with each spoonful receiving a comment. This scene ends when one spoon is shoved in his mouth with the comment "this is not pudding," to which he replies with some alarm (and a priceless facial expression) "what IS IT?!?"
I blog twice a week, usually on Mondays and Wednesdays. I have a lot of respect for those who have the energy to produce more often or even daily like Bob Wilson (Bob's Cluttered Desk) and David DePaolo (DePaolo's Workcomp World). But I take to the blogophere this morning because the world of workers' compensation has many questions this morning. Could August 13, 2014 be a "red letter day" in workers' compensation across the country?
Yesterday, a Circuit Judge in Miami concluded that Florida's workers' compensation law is unconstitutional on its face. That is, there is no circumstance whatever in which Florida's exclusive remedy is constitutional. There will be much head scratching this day and many will be as confused as the Grinch and they analyze this decision and the equivalent of a cry "what IS...
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