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FL Tip of the Week: Florida Supreme Court denies to hear Padgett

Morgan Indek's majestic headstand on a surf board

Greetings and happy new year!

To start the year off on a good note, on 12/22/15 the Fla Supreme Court declined the plaintiff/claimant’s motion to accept jurisdiction to hear the appeal of the 3rd DCA’s decision to overturn the Circuit Court decision which found that WC was not the exclusive remedy.  This is in effect the end of this saga for this claim anyway.   The 3rd DCA did draw a road map however for a future challenge.  The Padgett story is below.

There are 3 other claims pending before the Fla Supreme Court, and we may see decisions in 2016.   Westphal (challenge to the cap on 104 weeks of TTD), Castellanos (challenge to the cap on claimant atty fees) and Stohl (challenge to the MMI co-payment) are all awaiting a decision.

As always, let me know if you have any questions.  Here’s to a great 2016!

Padgett

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Morgan Indek | Partner