Friday, June 22, 2018
Business

Florida appeals court tosses key workers' compensation ruling

TALLAHASSEE — A South Florida appeals court Wednesday overturned a circuit judge's constitutional ruling that threatened a major underpinning of the state's workers' compensation insurance system.

A three-judge panel of the 3rd District Court of Appeal tossed out the ruling, finding that plaintiffs did not have legal standing and the case was moot. The appeals court did not weigh in on whether the workers' compensation system was constitutional.

The constitutional question dealt with a longstanding concept in Florida that cases involving injured workers should be handled through the workers' compensation system instead of through civil lawsuits. But Miami-Dade Circuit Judge Jorge Cueto ruled last year that the law preventing cases from going to civil trial was unconstitutional, at least in part because of legislative changes in 2003 that reduced benefits.

The case originally involved Julio Cortes, who alleged he was injured in 2010 while operating equipment for Velda Farms LLC. The constitutional issue was later dismissed from the Cortes dispute, but the challenge continued with the involvement of two legal groups that had intervened in the case — Florida Workers' Advocates and Workers' Injury Law & Advocacy Group — and Elsa Padgett, an injured Miami-Dade County worker.

But the appeals court agreed with arguments by Attorney General Pam Bondi's office that the two groups and Padgett could not pursue the constitutional question in the case. It said, in part, that the issue became moot when it was dismissed in the Velda Farms dispute. Similarly, it found that the two groups and Padgett did not have standing to pursue the constitutional question.

The Miami-Dade County case is one of three workers' compensation disputes that recently have drawn attention from business, labor and legal groups, with two of the cases pending at the Florida Supreme Court.

One of those Supreme Court cases, which stems from injuries suffered in 2009 by a South Florida man, Marvin Castellanos, during an altercation with another worker at their employer, challenges the constitutionality of limits on attorneys' fees in workers' compensation cases.

The other case involves injuries suffered in 2009 by St. Petersburg firefighter Bradley Westphal and focuses on a two-year limit on what are known as "temporary total disability" benefits. Westphal received those benefits but then had a gap of several months before he could get permanent benefits.

Comments
Coal and gas hold onto their share of electricity production, despite massive push for renewables

Coal and gas hold onto their share of electricity production, despite massive push for renewables

Here’s an intriguing set of facts: Coal produces the same percentage of the world’s electricity as 20 years ago. Oil and gas remain about level, too.Same for nonfossil fuel sources. In other words, the massive push towards renewables over the past co...
Updated: 1 hour ago
Brink: Why have Florida’s working-age men left the labor market in droves

Brink: Why have Florida’s working-age men left the labor market in droves

A cancer lurks within Florida’s otherwise rosy job numbers, one that’s been called a quiet catastrophe and an intractable time bomb.Too many men between the ages of 25 and 54 have stopped working.Economists call those the prime-age years. Incomes gen...
Updated: 1 hour ago
Health care IT company CareSync shuts down, laying off 292

Health care IT company CareSync shuts down, laying off 292

TAMPA — The days ahead were supposed to be bright.For weeks, health care tech company CareSync had been thrown into question as founder and CEO and founder Travis Bond unexpectedly departed, kicking off multiple rounds of layoffs. But that was all in...
Updated: 2 hours ago
Pride divided no more: St. Pete Pride comes back together

Pride divided no more: St. Pete Pride comes back together

ST. PETERSBURG — The 16th annual St. Pete Pride Parade is getting ready to march along the downtown waterfront the second straight year. But many hope to move past the division caused last year when the parade was uprooted from its original hom...
Updated: 6 hours ago
For sale: A Tampa Bay area elementary school where you can eat tacos and buy wine

For sale: A Tampa Bay area elementary school where you can eat tacos and buy wine

ST. PETERSBURG — For sale: a 104-year-old elementary school with restaurant and wine shop. It even has a title company where you can close the deal.Less than a year after completing a major renovation of the historic North Ward school, developer Jona...
Updated: 7 hours ago
Domain Homes: Buyers love them, some others don’t

Domain Homes: Buyers love them, some others don’t

TAMPA — When the 2008 financial crash brought down the nation’s housing market, hundreds of home builders went out of business. Among them was Sharon McSwain Homes in Atlanta, forced to liquidate in 2009.But just as developers like to develop, builde...
Updated: 9 hours ago
Armature Works developers sue Ulele and city of Tampa over use of nearby building

Armature Works developers sue Ulele and city of Tampa over use of nearby building

TAMPA — Two of the city’s hottest developers — the companies behind Ulele and the Armature Works — are heading to court over control of an old city building that sits between the hit eateries. Both want to redevelop the city&...
Published: 06/21/18
Orlando airport first to scan faces of U.S. citizens on international flights

Orlando airport first to scan faces of U.S. citizens on international flights

Associated PressFlorida’s busiest airport is becoming the first in the nation to require a face scan of passengers on all arriving and departing international flights, including U.S. citizens, according to officials there. The expected announcement T...
Published: 06/21/18
Saboteur or whistleblower? Battle between Elon Musk and former Tesla employee turns ugly, exposing internal rancor

Saboteur or whistleblower? Battle between Elon Musk and former Tesla employee turns ugly, exposing internal rancor

Hours after Tesla had sued its former employee on charges he had stolen company secrets, and days after chief Elon Musk had called him a saboteur, the Silicon Valley automaker made a startling claim. The company had received a call from a friend of t...
Published: 06/21/18
WTR Pool and Grille brings ‘fun dining’ pool party scene to Tampa

WTR Pool and Grille brings ‘fun dining’ pool party scene to Tampa

Mike Piper has traveled to Las Vegas and Miami and enjoyed the fun, daytime, party pool scene that the two cities have to offer.Now he aims to bring that same atmosphere to Tampa with a new dining and hang out spot. WTR Pool & Grill opened on Sunday ...
Published: 06/21/18