The United States Supreme Court DENIED the petition in the matter of Stahl v Hialeah raising constitutional issues in the present workers' compensation system in Florida. The Florida program mirrors trending aspects of other state programs that have also been questioned on constitutional grounds.
Showing posts with label Constitutionality. Show all posts
Showing posts with label Constitutionality. Show all posts
Tuesday, November 1, 2016
Thursday, June 9, 2016
FL Supreme Court Rules Yet Another Part of the Work Comp Law Unconstitutional
The Florid Supreme Court today ruled yet another part of the Florida Workers' Compensation Act unconstitutional. The cut off of benefits provision was declared unconstitutional. The future of workers' compensation law in FL is now uncertain.
Thursday, April 21, 2016
Florida Appeallate Court Rules Attorney Fee Statute Unconstitutional
The Florida First District Court of Appeals has held counsel fee provisions in the Workers' Compensation Act to be unconstitutional, ,"We hold that the challenged provisions violate Claimant’s First Amendment
guarantees of free speech, freedom of association, and right to petition for redress." Miles v City of Edgewater, Decided April 20, 2016, setting the stage for review by the Florida Supreme Court.
Today's guest post is authored by the Hon. David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings and is shared from http://flojcc.blogspot.com.
Today's guest post is authored by the Hon. David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings and is shared from http://flojcc.blogspot.com.
Tuesday, April 5, 2016
FL Supreme Court: Watch Oral Argument on Constitutionality of Workers' Compensation
Mr. Stahl, a nurse who was injured while working at Hialeah Hospital, filed a claim for benefits under Florida’s workers’ compensation law but was denied the benefits he believed were appropriate. He challenged the constitutionality of the law, pointing to its failure to provide benefits for workers who are permanently and partially disabled from on-the-job injuries. The First District Court of Appeal upheld the constitutionality of the workers’ comp law and this appeal followed.
Tuesday, August 19, 2014
Florida Businesses, Insurers to Fight Ruling Overturning Workers’ Comp System
| The battle lines are being drawn in the State of Florida as the challenge to the FL workers' compensation law continues following a judicial ruling that the act was unconstitutional because it has been emasculated by Industry reform and its effectiveness diminished to point of rendering the act void. Today's post is shared from .insurancejournal.com A Florida circuit court judge has ruled that the state’s workers’ compensation law is unconstitutional because it no longer provides adequate benefits to injured workers giving up their right to sue. Florida 11th Circuit Court Judge Jorge Cueto handed down the ruling in a case (Padgett v. State of Florida No. 11-13661 CA 25) that could upend the state’s nearly 80-year workers’ compensation law. The case has its genesis in a 2012 instance where a state government worker, Elsa Padgett, sustained an on-the-job injury. After a fall, Padgett had to have a shoulder surgically replaced and was forced to retire due to complications. Padgett, along with several trial bar groups, argued that her workers’ compensation benefits were inadequate and the law unfairly blocked her constitutional right to access the court. The workers’ compensation system is by law the “exclusive remedy” for injured workers. Injured workers are provided medical benefits and certain wage-loss benefits in exchange for forgoing the right to sue their employer in court. Cueto, in a 20-page ruling, avoided making any specific comments on the details of Padgett’s case other than to rule in her favor. Instead, Cueto focused on the exclusive remedy provision of the law, finding that due to the many cuts in medical and wage-loss benefits made by lawmakers over the years, the system no longer represents a fair deal for injured workers. Cueto singled-out workers’... |
Saturday, August 16, 2014
Judge rules Florida workers' compensation law unconstitutional
The emasculation of the US workers' compensation system continues as the economic unbalance in the nation has escalates. Ironically the latest assault is a successful constitutional challenged by the organized bar of diminishing legal representatives of injured workers. The judicial decision may result in potential political upheaval as Florida is facing an upcoming gubernatorial election. More importantly the decision is yet another signal that workers' compensation as a social remedial legislation has failed to dynamically adapt to its changing role in the nation's evolving medical delivery network and disability benefit structure.
Today's post is shared from jurist.com
The 11th Judicial Circuit Court of Florida [official website] in Miami on Wednesday ruled [order, PDF] that Florida's workers' compensation law [text] is unconstitutional. Prior to the ruling, Attorney General Pam Bondi [official website] issued a response [text, PDF] to the court's order to show cause, asking the court to rule the law as unconstitutional in the form of an advisory opinion. In his ruling, Judge Jorge Cueto stated that the law is the exclusive remedy for injured workers, and therefore, only under rare circumstances can they sue their employers. Pursuant to Florida Supreme Court precedent, to be a constitutional worker's compensation act, it must provide some level of permanent partial disability benefit. Because it does not provide these remedies, the judge found that the act does is not an adequate replacement for the tort remedies that it supplanted.
Workers' rights continue to be an issue in the US. Last month, the US Supreme Court [official website] granted certiorari [JURIST report] in eight cases, including Young v. United Parcel Service [docket; cert. petition, PDF]. In that case, the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work."
Today's post is shared from jurist.com
The 11th Judicial Circuit Court of Florida [official website] in Miami on Wednesday ruled [order, PDF] that Florida's workers' compensation law [text] is unconstitutional. Prior to the ruling, Attorney General Pam Bondi [official website] issued a response [text, PDF] to the court's order to show cause, asking the court to rule the law as unconstitutional in the form of an advisory opinion. In his ruling, Judge Jorge Cueto stated that the law is the exclusive remedy for injured workers, and therefore, only under rare circumstances can they sue their employers. Pursuant to Florida Supreme Court precedent, to be a constitutional worker's compensation act, it must provide some level of permanent partial disability benefit. Because it does not provide these remedies, the judge found that the act does is not an adequate replacement for the tort remedies that it supplanted.
Workers' rights continue to be an issue in the US. Last month, the US Supreme Court [official website] granted certiorari [JURIST report] in eight cases, including Young v. United Parcel Service [docket; cert. petition, PDF]. In that case, the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work."
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