Two Recent Court Decisions Could Mean Higher Costs for Employers in Florida

In Marvin Castellanos v. Next Door Company, the court found that the mandatory fee schedule in the Florida workers’ compensation statute is “unconstitutional as a violation of due process under both the Florida and United States Constitutions.” The ruling is expected to lead to the elimination of statutory caps on attorney fees and a return to hourly rates.

In Bradley Westphal v. City of St. Petersburg, the court declared the state’s 104-week duration cap on temporary total disability benefits to be unconstitutional. The decision reinstates the 260-week duration cap that was in effect prior to legislative reforms introduced in 1994.

“Florida Supreme Court Decisions Raise Questions for Employers” covers the impact these two decisions could have on workers’ compensation, including:

• Steps employers should take.
• The long-term impact of Castellanos, including a double-digit increase in workers’ compensation rates.
• How the two decisions could affect old claims.
• Other material risks in the Florida workers’ compensation system.

To learn more, read or download “Florida Supreme Court Decisions Raise Questions for Employers.”