Search Our Site

A Florida appeals court has ruled that Ring Power Corp. is not obligated to keep giving workers' compensation to Andrew Murphy, an employee who was injured in 2006. Murphy had a spinal fusion surgery a few months after his 2006 accident, according to background information in the 1st District Court of Appeal opinion. Doctors used rods and screws to stabilize Murphy’s spine while the bone grew back together, helping him recover in a year. Click to read more:

The Florida Supreme Court will hear oral arguments in a case today that asks the justices to decide whether the fee caps in the state’s workers compensation laws are legal. The high-profile case is Castellanos v. Next Door Company and it is slated to be heard at 9 a.m. in the Supreme Court building in Tallahassee. Click here to read more:

The Florida Supreme Court issued a unanimous decision Thursday, December 4, in Leticia Morales v. Zenith Insurance Company, upholding the workers' compensation system as the exclusive remedy for injured parties. Morales v. Zenith was a workers' compensation-related wrongful death lawsuit that ultimately evolved into a bad faith claim. A separate tort case was filed by the Morales estate seeking additional damages, which the Court rejected. Click here to read more:

The Florida Supreme Court has ruled that it does not have jurisdiction in a case brought by an injured nurse that challenged the constitutionality of the entire Florida Workers’ Compensation system. In the case of Stahl v. Hialeah Hospital, the Court said “After further consideration and hearing oral argument in this case, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we dismiss review.” Click here to read more:

The Florida Supreme Court has turned down a lawsuit that questioned the constitutionality of the state's workers' compensation insurance system — though the system continues to face three other closely watched challenges at the high court. Justices late Tuesday declined to take up a Miami-Dade County case that threatened the longstanding concept that disputes involving injured workers should be handled through the workers' compensation system instead of through civil lawsuits. Click here to read more:

In a major victory for injured workers and stinging defeat for businesses, the Florida Supreme Court on Thursday struck down a law limiting attorney's fees in workers' compensation cases. The 5-2 ruling is a setback for business groups who say legal fees drive up the cost of workers' compensation insurance and threaten Florida economy and they must seek help from a reliably pro-business Legislature. Click here to read more:

For the second time in less than two months, the Florida Supreme Court on Thursday ruled that part of the state's workers' compensation insurance system is unconstitutional. ​ Justices, in a 5-2 decision, ruled in favor of Bradley Westphal, a St. Petersburg firefighter who suffered a severe back injury while on the job in 2009. The case focused on a workers' compensation law that led to Westphal's benefits being cut off after two years, creating what the Supreme Court described as a "coverage gap." Read more here:

The National Council on Compensation Insurance (NCCI) has estimated that the combined total statewide unfunded liability related to the Florida Supreme Court’s decisions in Emma Murray (1), Castellanos (2), and Westphal (3) could potentially exceed $1B. This cost will be borne by insurance companies, individual self-insured employers, and employers with deductible policies (due to growth in out-of-pocket costs, or in other words, the amount that the employer agreed to pay on losses up to the deductible threshold). These court decisions are expected to increase overall system costs in Florida for certain accidents occurring prior to 10/1/2016. The unfunded liability relates to costs that cannot be recouped through revising Florida workers compensation rates. Therefore, the unfunded liability is an additional cost over and above the proposed 19.6 percent increase in Florida workers compensation rates proposed effective 10/1/2016. If the filing effective date of 10/1/2016 is delayed, the unfunded liability will necessarily grow. Click here to read more:

Florida Supreme Court will hear yet another case challenging the constitutionality of the state’s workers’ comp system on April 16, 2016. The case, Daniel Stahl v. Hialeah Hospital, et al., has been making its way through the state courts questioning if Florida’s workers’ comp system is an adequate alternative for injured workers since its major overhaul in 2003. More specifically, the case challenges if the elimination of a type of partial disability benefits by lawmakers is legal. Click here to read more:

The Florida Supreme Court on Wednesday heard oral arguments in a case that questions whether the state's workers compensation system is an adequate exclusive remedy for injured workers. Unlike two other workers comp cases pending before the state Supreme Court, which question the adequacy of a 104-week cap on temporary disability benefits and whether the attorney fee provision hinders an injured worker's ability to obtain legal representation, Daniel Stahl v. Hialeah Hospital challenges the system as a whole. Click here to read more:

The Maine supreme court on Wednesday began considering whether a paper millworker left suicidal by narcotic painkillers should receive workers’ compensation for medical marijuana. It’s the first time the court has considered the question of insurance reimbursement for medical marijuana. Click here to read more:

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and Jasper Contractors Inc. have reached a settlement that resolves a lawsuit filed under the anti-retaliation provisions of the Occupational Safety and Health (OSH) Act. In the settlement, Jasper Contractors - headquartered in Kennesaw, Georgia, but performing roofing work in Florida - agreed to pay an employee $48,000 in back wages and compensatory damages. The action follows a former safety director's allegation that the roofing company fired him after he cooperated with an OSHA investigation by providing a statement and safety documentation. Terminating an employee for cooperating with an OSHA investigation violates Section 11(c) of the OSH Act. Click to read more: