Court Rejects Constitutional Challenge to Workers Compensation Law

Representing Orlando, Tampa, Miami and Nearby Areas of Florida

Last Wednesday, the Third District Court of Appeal rejected a constitutional challenge to the state workers’ compensation law; the Florida Supreme Court will not review the ruling.

The original ruling that was reversed was that of Miami-Dade Circuit Judge Jorge Cueto who initially ruled that Florida Statutes Chapter 440 was unconstitutional because it failed to provide “a reasonable alternative remedy to the tort remedy it supplanted.”

The appellate court’s decision to reverse the ruling also blocks a path to Tallahassee for the controversy. The case is now set to return to Judge Cueto for further proceedings like any other workers compensation matter.

Akerman partners Katherine Giddings who was one of 3 representing the Florida Chamber of Commerce and the Florida Justice Reform Institute in friends-of-the-court briefs stated “the decision is a great victory for all Florida employers and employees.”

Under the law, employers and employees are both immune from lawsuits when a covered, work-related injury occurs. If injured on the job, employees will still receive benefits. The opposing party does not have the intention of giving up on this matter, however their next move is yet to be determined.

If you have been injured on the job and feel you haven’t been given the compensation that you deserve, contact our Orlando workers compensation attorneys at Colling, Gilbert, Wright & Carter by calling (407) 712-7300 for a free case evaluation.