Friday, April 22, 2016

Court rejects legal restriction in workers' comp cases

Today was one of proudest moments as a lawyer. After years of fighting to overturn one of the most unfair laws on the books, we finally succeeded.

Today, in Martha Miles v. City of Edgewater, the 1st District Court of Appeal declared that section 440.34 is unconstitutional. This monumental decision paves the way for so many Floridians who are injured on the job, like Mrs. Miles, an injured police officer, to be able to secure legal representation to assist them in their Worker's Compensation claims.

The court held that, "We conclude that the statutory restrictions are unconstitutional, and that the proper remedy is to allow an injured worker and an attorney to enter into a fee agreement approved by the JCC, notwithstanding the statutory restrictions." A great day for fairness and justice. Thanks to our team: Geoff Bichler, Paolo Longo, the Fraternal Order of Police, Florida Workers Advocates, and so many others.

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