The Padgett case in Florida (since re-named Florida Workers’ Advocates and Workers Injury Law and Advocacy Group and Elsa Padgett v. State of Florida, Office of the Attorney General) which is challenged the constitutionality of the state’s reduced workers’ comp benefits scheme has been stalled again on procedural grounds. The case stems from an original dispute between claimant Julio Cortes against his employer Velda Farms. Yesterday, the Third Circuit Court of Appeals in Florida reversed the summary judgment and determined that the constitutional issue was rendered moot once Velda Farms left the exclusive remedy defense to Cortes’ original comp claim behind. The Third Circuit panel went on to say that the original district court judge (Cueto in Miami-Dade) failed to address the basic facts of the case, a procedural failure. The panel has sent the case back for Cueto to dismiss FWA’s compliant. FWA can either appeal this ruling to the Florida Supreme Court or they can start a new constitutional challenge case with a new plaintiff.