In this case several advocacy groups exploited an ordinary workers’ compensation case to advance a challenge to the exclusive remedy provision of Florida’s Workers’ Compensation Law. The Florida Justice Reform Institute, in conjunction with the Florida Chamber of Commerce, filed an amicus curiae brief in support of upholding the provision. The Third District Court of Appeal reversed the trial court’s decision that the law was unconstitutional. When the defendant employer dismissed its affirmative defense of workers’ compensation immunity, the court held, the workers’ compensation law issues were removed from the case and the challenge to the constitutionality of the provision of the workers’ compensation law became moot. The advocacy groups sought review by the Florida Supreme Court, which the Court denied. Consequently, the Third District’s decision was allowed to stand.
FJRI represented by Katherine E. Giddings, Kristen M. Fiore, and Gerald B. Cope, Jr. of Akerman LLP, and William W. Large.