Legal Opinion
State v. Florida Workers' Advocates
District Court of Appeal of Florida
Decided June 24, 2015No. 3D14-2062PublishedCited by 5 opinions
1Opinion of the CourtSalter, J.
The State of Florida appeals a final summary judgment determining that section 440.11, Florida Statutes (2014), the “exclusiveness of liability” provision of the Florida Workers’ Compensation Law that immunizes from suit an employer and its employees for covered, work-related injuries, is facially unconstitutional under the United States and Florida Constitutions. Concluding that the threshold requirements for the prosecution of such claims were not met, we reverse.
I. Proceedings Below
The initial claims and parties in this case at its inception in 2011 were transformed by the present…
2Cases cited17 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
- Weinstein v. BradfordSupreme Court of the United States · 1975
- Holly v. AuldSupreme Court of Florida · 1984
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3Cited by5 opinions
- & SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley WestphalSupreme Court of Florida · 2016
- & SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley WestphalSupreme Court of Florida · 2016
- Claflin v. ClaflinDistrict Court of Appeal of Florida · 2016
- RAMLE INTERNATIONAL CORP. v. MIAMI-DADE COUNTY, FLORIDADistrict Court of Appeal of Florida · 2023
- SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected OpinionSupreme Court of Florida · 2016