Jeffrey P. Gale, P.A. // Another Republican Florida Workers’ Compensation Law Bites the Dust

Republicans have held the reins of power in Florida since 1999. Unashamedly, they have abused that power to crush the rights of individuals in favor of Big Business.

One of the areas which has experienced the greatest abuse is the state’s workers’ compensation system. Mercifully, thanks to the Florida Supreme Court the pendulum is beginning to swing in favor of fairness and decency. On April 28, 2016, in Castellanos v. Next Door Company, et al., the court found § 440.34, Florida Statutes unconstitutional. This statute had barred claimants’ attorneys from receiving reasonable attorney’s fees. Literally. The effect of the statute was that Claimants were as helpless as turtles on their backs. By finding this ridiculous law unconstitutional, Castellanos has become the single most important case in the annals of Florida workers’ compensation cases.

The positive momentum continues. Today, in Westphal v. City of St. Petersburg, et al. , the Supreme Court found another outrageous Republican statute, section 440.15(2), Florida Statutes (2009), unconstitutional.

The similarities between the two now unconstitutional statutes are Republican authors and the cold hearted denial of fair and reasonable benefits to injured workers. While the decisions provide some justice going forward, countless individuals and their families have been irreparably harmed by application of the subject statutes for so many years in the past.


Contact us toll free at 866-785-GALE or by email to learn your legal rights.Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

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