The First DCA ignored the pleas of the Trial Court & claimant, refusing to address the constitutional challenge that the JCC was unable to address because he was not an Article V Judge.
The First DCA panel of Benton, Clark, & Makar , per curiam affirmed the law, rather than answer the constitutional question requested by the claimant. Case number 14-4588 was a challenge to the constitutionality of allowing employers to have absolute control over the selection of claimant doctors.
By refusing to write an opinion, the First DCA allowed the employer to pick whatever biased or incompetent doctors they want to treat claimants. In the case at Bar, the employer insisted on offering a doctor who was being sued for malpractice after paralyzing an injured worker during neck surgery. The claimant refused to treat with the offered doctor, and appealed the law that forced incompetent & biased doctors on the injured worker. It feels un-American to allow such a totalitarian system of doctor offers, yet the First DCA refused to let the case be certified through to the Supreme Court.
PCAs on workers compensation constitutional challenges damage the reputation of all courts, because it leaves the appearance of obstructionism in the public’s eyes.
A Writ of Mandamus was filed in the Florida Supreme Court to try to force the district court of appeal to write an opinion so that the claimant’s challenge could proceed to the Supreme Court, but the Supreme Court ruled that they were unable to force a written opinion out of the First District Court of Appeal.
Unfortunately, all Florida workers compensation appeals must go through the First District (1 0f 5) because of an arbitrary provision in Chapter 440, 440.271, which allows them to be a goalkeeper of constitutional challenges. In the specific case, they were the equivalent of a 1000 lb hockey goalie, blocking the claimant’s plea for a constitutional opinion.
Separation of Powers between the 3 branches of government require a courageous court willing to strike down bad laws passed by a special interest dominated legislature and a power crazed executive branch. When the Courts give too much deference to either, Florida loses out when the courts rubber stamp whatever corruption the Legislature decides to pass.
