FL Tip of the Week: Update on New Constitutional Challenge

Greetings, the Florida Supreme Court has set a date for Oral Arguments in Stahl, April 6, 2016.  The claimant’s counsel is arguing that the 2003 statutory changes went too far in reducing benefits and workers have been deprived of rights because they are blocked from pursuing claims in civil court, outside of WC. 

Still no word on any decision on Westphal (heard June 2014) or Castellanos (heard November 2014).  The Court puts out their decisions on Thursday mornings, so as soon as I hear something I will let you know.  They may answer the legal questions posed in Stahl in either of these other cases or they may handle it all in the Stahl decision.  Or we may get 3 separate decisions.

Either way, I think we may see a slow down again in claimant attorneys being willing to settle their cases leading up to the Stahl argument date.  You will be able to watch and hear the arguments, I will send out the link that week.  More on the case below….

Stahl JCC order (1)

1DCA Opinion Stahl v Hialeah Hospital (1)

Morgan Indek | Partner