– The First District Court of Appeal is considering an appeal in the case of Julio Jiminez v. UPS, involving a challenge to Section 440.12(2) Fla. Stat. (2014), which sets the cap on the maximum weekly compensation rate.
– Florida is the latest state to challenge the existence of a statutory cap on the maximum amount payable as a weekly compensation rate.
– A similar challenge to a maximum compensation rate in Alabama resulted in the trial judge finding the rate to be unconstitutional, as well as a statute that limited attorneys’ fees to 15% of the compensation awarded in a workers’ compensation case.
– The Alabama case is currently on appeal.
– The Julio Jiminez case in Florida was sent back to the Judge of Compensation Claims for further development of the record in order to address the constitutionality of Florida’s maximum compensation rate. – There is no ruling in Florida which has held the statute to be unconstitutional at this time.
– The JCC’s ruling will likely be appealed to the First District Court of Appeal and potentially to the Florida Supreme Court.
– The claimant’s bar has had some success in front of the Florida Supreme Court in its challenges to similar statutes.
– If the statute establishing a maximum compensation rate is found to be unconstitutional, all injured employees could receive higher compensation benefits.
Another Constitutional Challenge to Florida’s Workers’ Compensation Statute is on the Way
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