The Florida 3rd District Court of Appeal heard oral arguments earlier this week in the Padgett case (now known as Florida Workers’ Advocates and Workers Injury Law and Advocacy Group and Elsa Padgett v. State of Florida, Office of the Attorney General) which questions the constitutionality of Florida’s workers’ comp system as a whole. Palm Beach Post reports that, during the hearing, state Chief Deputy Solicitor General Adam Tanenbaum “argued primarily that Cueto’s [original ruling declaring the system unconstitutional] should be overturned for procedural reasons because the case initially involved Julio Cortes, who alleged he was injured while working for Velda Farms. The constitutional issue was later dismissed from the Cortes dispute, but the challenge continued with the involvement of FWA and WILG as intervenors. Thus, Tanenbaum told a three-judge panel of the appeals court that Cueto did not have the legal jurisdiction to decide the constitutional question after it was removed from the dispute involving Cortes and Velda Farms.” Mark Zientz, attorney for the other groups, argued for the right to continue because of the “facial” invalidity of a workers’ compensation law that takes away a right to trial by jury.
Read full coverage from Palm Beach Post here.