Miami Personal Injury Attorney Blog
The Supreme Court of Florida has issued its decision in a case (Marvin Castellanos v. Next Door Company) that will make a huge impact on the rights of injured workers in this State.
Specifically with regard to the workers compensation claimant’s due process rights under the constitution. The Court, in a five to two decision, opined that the law that was amended in 2009 is a violation of both the Florida and U.S Constitution because it blocks any challenges to the reasonableness of attorney’s fees awarded to the worker’s lawyer.
The Court also focused on the goal and intent of the workers compensation system in this State. That is to quickly provide benefits to get those that have been injured back on the job at a reasonable cost to employers. This, however, is not always the outcome. The Court recognized that in many situations the injured workers undergoes significant delays and resistance by the employer in obtaining the benefits.