Third District Court of Appeal Finds Plaintiffs Have No Standing in Florida Workers’ Compensation Constitutionality Case

Jun 24, 2015


With a finding today, June 24, 2015, that the plaintiffs in Florida Workers’ Advocates et al. v. Florida have no legal standing and thus, the case is moot, South Florida’s Third District Court of Appeal essentially overturned a 2014 ruling questioning the constitutionality of Florida’s workers’ compensation system.  The Third DCA did not rule today on whether Florida’s workers’ compensation law was constitutional or not.

On August 13, 2014, circuit court judge Jorge E. Cueto in the 11th Judicial Circuit for Miami-Dade County held that a major section of the Florida Workers’ Compensation Law was unconstitutional.  Under this section, known as the exclusive remedy provision, the employer liability provisions set forth are the only remedy an employee who is injured on the job may pursue against his or her employer, with limited exceptions.  

If the 2014 decision stands, injured Florida workers would be permitted to file negligence actions against their employers. 

More on today’s developments is forthcoming.  



Should you have any questions or comments, please contact Colodny Fass.



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