A decision in the Florida First District Court of Appeal has allowed a claimant to proceed with a case questioning the constitutionality of the state’s maximum comp rate, according to a report in WorkCompCentral. Workers generally receive 66 ⅔ percent of their wages in Florida. However, due to the max comp rate, high paid workers may receive considerably less than that percentage. Julio Jimenez, a UPS employee making $2,217.92 per week, was tied to the $827 per week rate (in 2014) after his alleged injury. His attorney, Miami-based Mark Zientz (who has led a handful of cases challenging the constitutionality of Florida’s system) argued that his client should be entitled to the 66 ⅔ percent, regardless of the max rate, and further, argued that the system favors carriers, who calculate premiums based on payroll, not on the relationship of their workforce to the max comp rate in a given year. The Judge of Compensation Claims (JCC) initially dismissed the case, citing a lack of jurisdiction, but the First District Court of Appeal sent it back, saying that the JCC should afford him “the opportunity to create a record for review in this court.”
Further coverage from WorkCompCentral (subscription required) here.
Download the decision: FL_1st DCA_6.19.17