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Court: Florida workers comp law is unconstitutional, legislature cheated injured workers

@Marbinius

Miami judge declared Florida’s long-controversial workers’ compensation law unconstitutional Wednesday, saying successive state legislatures had so diminished medical care and wage-loss benefits for injured workers that the statute now violates employees’ “fundamental” rights.

In a case involving a Miami-Dade County government office worker, Circuit Judge Jorge E. Cueto said the nearly 80-year-old law forces injured workers into a legal system that is so flawed it does not provide adequate medical care or dollars to replace lost wages. Under Florida law, workers have no choice but to seek benefits under the workers’ comp system. Except under rare circumstances, they cannot sue their employers.

“The benefits in the act have been so decimated,” Cueto wrote, “that it no longer provides a reasonable alternative” to filing suit in civil court.

Cueto’s ruling comes at a pivotal time for mostly blue-collar and agricultural workers in Florida: Lawmakers and business leaders say high workers’ compensation insurance premiums have threatened to derail the state’s economic growth, while worker advocates say the state has allowed widespread insurance fraud to fester while counteracting the high premiums by punishing workers. Story here.


Read more here: http://www.miamiherald.com/2014/08/13/4288124/injured-employees-cheated-by.html#storylink=cpy

Comments

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ed jenkins

The citizens are disgusted that these judges make proclamations as if they are kings that need to be followed. These most horrible judges need to be removed by our political leaders and replaced with judges who will follow laws rather than ignore them.

Michael

Ed - last I looked the Judges are supposed to determine if the laws are consistent with the constitution first and if so then apply them. if not declare them unconstitutional and force the legislature to re-write them in such a way that doesn't violate the constitution.

If the law passed by the legislature said everyone could not speak in public then that obviously would violate the 1st amendment and the law would have to be re-written to comply with the constitution. in this case the Judge said that the law violated the workers right to access the courts and declared the law unconstitutional.

Please crack a book about the 3 branches of government here in the US and then come back and revisit your comment about the Judiciary Branch.

Voice of reason

Michael you are truly a voice of reason.

Can't take anymore

When did the Florida Legislature slip so far over the line from being pro-business to being the enemy of all people who work for a living? All they seem to do every session is attack any rights of the 99% who don't lavish campaign contributions upon them. All they while they claim their goal is to get government off our backs.

Gene Ralno

Changing fundamental rights is just one element in the fundamental transformation planned by Dear Leader.

Elio

Thanks,the law is discrimitary,the companies líes of the employees and this don't' have right for sue

Elio

Me rompieron los shoulders en Servisair en el Miami International AirPort y me operaron el derecho,a todos los niveles de salud de Liberty Mutual insurance manipularon mi salud,llegando a ordenar al dr Kalvac no me podía operar el izquierdo. Esto es lo que no se puede apelar de Worker's compensation?dejando a los trabajadores sin salud

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