Florida Supreme Court Decision to be made in April
The article Florida High Court set to hear Constitutional Challenge to Worker’s Comp, discusses an important worker’s compensation issue that will be heard in April and that can change the workers compensation system if ruled in the plaintiffs favor. Daniel Stahl v. Hialeah Hospital, et el. is being heard by the Florida Supreme Court on April 16, 2016. It is one of several cases that have question the constitutionality of the workers compensation system in Florida. The case not only questions the workers compensation system but also the deletion of a certain type of partial disability benefit that was removed by lawmakers from the system if it was legal.
Daniel Stahl was injured while working as a nurse at Hialeah Hospital. Stahl suffered a back injury back in 2003. Also in 2003, the workers compensation system was amended, a few months before his accident. After months of treatment, his physician concluded that he had reached his maximum medical improvement (MMI). The maximum medical improvement is when the doctor concludes that the patient has reached his full potential, that this is as much as they are going to improve. His physician rated him a six (6)-impairment rating. Stahl was limited from lifting anything more than 10 pounds. This limitation ended his career as a nurse and received $5,472. This money served as compensation for income benefits of 12 weeks.
Under the guidelines, Stahl was unable to receive permanent disability because he did not meet all the criteria and was denied. He claims in his petition that the amended workers compensation denies the benefits denied to him are inadequate. They do not provide a sufficient remedy for him and others also in his situation. His petitions argue that the workers compensation system is unconstitutional because it does not provide an adequate remedy that will allow them to continue living after they have suffered their injury. Also part of his petition questions whether the Florida legislature was correct in there reform of partial disability without creating a replacement for the new law and they have removed the plaintiff’s right to sue after being injured on the job. Another claim in his petition is after the claimant has reached their MMI, they are required to start paying a co-payment for doctor visits.
This case is very important because if Stahl is successful and the case is ruled in his favor, this will change the workers compensation for everyone in Florida. It will be beneficial for employees who suffer life-changing injuries while on the job.
At The Hoffman Firm, we have represented many worker compensation cases throughout South Florida who are fighting for lost wages after experiencing an accident at the workplace. If you have a lost wages claim it is important to have someone that will protect your interests and guide you through every stage of the legal process. The legal process can be incredibly stressful, it is essential to have someone that will be your voice and has the experience of representing South Florida residents in worker compensation cases. We are dedicated to providing you with the best the legal team and are compassionate of your needs throughout this process. Call us now at (800) 223-1866 or contact us online to set up your free, confidential consultation now.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More