On August 13, 2014, Miami-Dade County Circuit Judge Jorge Cueto issued a declaratory order finding the provision of the Florida workers’ compensation law providing employers with immunity from civil liability in work-related accidents to be unconstitutional. Employees in Miami-Dade County are now free to sue their employers any time they get hurt on the job.
Florida Judge Ruled Workers Compensation Law Unconstitutional
Circuit Judge Cueto (who was elected in 2008 and is currently running unopposed for reelection) reasoning for declaring the Florida worker’s compensation law unconstitutional, in his opinion, the workers’ compensation law was not generous enough to fully compensate all injured workers in all situations.
While the injured employee utilized a local south Florida attorney, the case had been pursued by two outside interest groups for injured employees, the Florida Worker’s Advocates (FWA) and the Workers’ Injury Law & Advocacy Group (WILG). The FWA is located in Tallahassee, FL over 450 miles from Miami. The WILG is located at 2020 Pennsylvania Avenue, Washington, DC (three blocks from the White House). The FWA’s website states they are “an association of attorneys dedicated to protecting the rights of injured workers in Florida”.
Case Involved Worker Who Tripped Over Boxes Left On The Floor
The FWA and WILG picked an extreme case to test the workers’ compensation statute, in a very liberal jurisdiction. The case before Judge Cueto involved Elsa Padgett, a Miami-Dade County government worker who sustained injuries on January 27, 2012 when she tripped over boxes a co-worker had left on the floor. Ms. Padgett, who was already at retirement age, fell on her hip, but sustained a more serious injury to her shoulder. Ms. Padgett had shoulder replacement surgery, but remained in pain and was eventually ‘forced to retire’.
Judge Cueto stated the Florida Workers’ Compensation Act no longer provides adequate benefits to injured workers, and therefore is unconstitutional. Prior to Judge Cueto’s ruling the Florida Workers’ Compensation Act required injured employees to seek benefits under the workers’ compensation system. Per the ruling, the exclusive remedy portion of the workers’ compensation act “is no longer an adequate exclusive replacement remedy in place of common law tort”. The Judge further stated “the benefits in the Act have been so decimated {by changes in the workers’ compensation statutes} “that it no longer providers a reasonable alternative” to civil court.
Per the Judge’s opinion, the current benefits provided to injured employees are inadequate and the law deprives the injured employees of any other option for seeking relief. Therefore, the Judge felt the Florida workers’ compensation law was unconstitutional as it violated the due process clause of the Constitution.
Florida Plaintiff Attorneys Licking Their Chops
The plaintiff attorneys in Florida are licking their chops. The idea of turning every workers’ compensation claim into a civil lawsuit has visions of yachts and private jets dancing in their heads. Even in cases where the sole cause of an employee’s injury is the employee’s own negligence, the plaintiff lawyers know they can basically coerce employers and insurers into paying civil damages to avoid monstrous legal fees in defending civil lawsuits.
For now, only the Florida Eleventh Circuit Court – Miami and Dade County – will consider the ruling as legal precedent. Further litigation is expected. The Judge’s Order in not yet a final order and a motion for rehearing could be pursued. If the Order does become final, an appeal to the Third District Court of Appeals is expected. The Third District Court of Appeals could rule on the question of the constitutionality of the workers’ compensation statute, or the Third District Court could take a pass, and send the appeal to the Florida Supreme Court.
If the Florida Supreme Court was to rule the workers’ compensation statute is unconstitutional, legal chaos will probably result, along with many employers facing impossible workers’ compensation premiums. Such a result would force many small employers out of business.
NCCI Has Suspended Rate Making In Florida Pending Final Decision
The National Council on Compensation Insurance, Inc. (NCCI) has suspended rate making in Florida per spokesperson Lori Lovgren. Per the NCCI spokesperson: “at this point we’re just holding and not pricing (Florida) because we need to see if it will be a final decision or not.”
Author Michael B. Stack, CPA, Principal, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.
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