Hardworking woman injured with two knee replacements and rating of 20%. Before the Legislative attacks by the employers in 2003, her benefits were worth 200k if not totally disabled. Under the terrible changes made by the Legislature, her benefits were worth 16k, as she wasn’t totally disabled.
We hope the First District Court of Appeals will certify the challenge straight through to the Florida Supreme Court. Our expert testified that the law in its present form is unconstitutional because it allows no benefits based on “loss of earning capacity”, which all prior versions of the Workers Compensation statute allowed. We want to change the status quo by asking the appellate courts to protect the “other 90%” who need the middle class protections of workers compensation. The Courts have to find their backbone and push back against the Legislative over reach. Judge Cueto had the vision and backbone in the Padgett order he wrote that declared the workers compensation statute unconstitutional. It is time for the appellate courts to match his courage.
