June 24, 2015

Today, AIF is pleased to learn that the Third District Court of Appeals has reversed a Miami judge’s order from last summer declaring the Florida workers’ compensation law unconstitutional. If the court would not have reversed the trial court order, potentially every work injury would have been litigated in civil court and the workers’ compensation system delivering timely benefits could have been dismantled, but would have certainly been disrupted across the state. To avoid such chaos and incalculable cost to Florida employers, AIF coordinated the efforts of many of our members and business colleagues around the state to participate in the case through amicus briefs that encouraged the appellate court to reach today’s conclusion.

The case wound its way through the judicial process, with no case or controversy between an employer or injured worker present in the proceedings and with no records of facts. The Third DCA declared the case to be moot and ruled that the trial lawyer advocacy groups advancing the matter did not have standing to push the judiciary for a constitutional review of a statute in this manner.

This is a good ruling for Florida businesses that clarifies and affirms the constitutionality of our workers’ compensation system as the exclusive remedy under which injured workers can redress and resolve disputes with employers.

The full opinion may be accessed through this link: http://www.3dca.flcourts.org/Opinions/3D14-2062.pdf

AIF thanks all of our members for your ongoing support and commitment to the Association by participation in our Workers’ Comp Coalition and allowing us the honor to serve you as The Voice of Florida Business.

For more information on this ruling or other workers’ compensation matters, please contact AIF’s General Counsel, Tammy Perdue at tperdue@aif.com or 850-224-7173. You can also keep up with Florida’s workers’ compensation issues and initiatives by following us on Twitter @VoiceofFLBiz and @TamelaPerdue.