Ditchmen • NUCA of Florida | Page 27

Good news! On June 24th, the Third District Court of Appeals (DCA) reversed a Miami judge’s order from last summer declaring the Florida workers’ compensation law unconstitutional. Without the court’s reversal of the the trial court order, potentially every work injury would have been litigated in civil court and the workers’ compensation system delivering timely benefits to employees could have been dismantled. To prevent such chaos and incalculable cost to Florida employers, the construction industry worked closely with Associated Industries of Florida who coordinated the efforts of many business colleagues around the state to participate in the case through amicus briefs that encouraged the appellate court to reach a positive conclusion.

The workers' comp case meandered its way through the judicial process, without a case or controversy between an employer or injured worker present in the proceedings and without records of facts. Fortunately, 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 once again 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

Workers Comp Ruling Positive for Florida Employers

Modified by Kari Hebrank