Cases

(Third District Court of Appeals) Original plaintiff in cause of action filed civil claim against the employer.  Employer asserted the exclusive remedy defense of the Workers' Compensation Act as provided for in Section 440.1, Florida Statutes.  Plaintiff took the position that the exclusive remedy doctrine was facially unconstitutional under the United States and Florida Constitutions.  The Florida Workers' Compensation Advocates (FWA) filed a Motion to Intervene as an additional plaintiff also asserting the unconstitutionality of Section 440.11, Florida Statutes.  Ultimately, the original plaintiff and defendant were dismissed and intervenor FWA sought a declaratory judgment concerning the statutory provision's constitutionality.  The Circuit Court Judge determined that the statutory provision was unconstitutional and this decision was appealed by the State of Florida.

On appeal, the Third DCA overturned lower court's determination that the statute was unconstitutional.  Court refused to rule on the constitutionality of Section 440.11, Florida Statutes, determining that once the original plaintiffs were dismissed, the case lost 1)  the essential elements of a justiciable "case or controversy," 2) an identifiable and properly-joined defendant, and 3) a procedurally improper vehicle for the trial court's assessment of the constitutionality of Section 440.11, Florida Statutes.  The intervening appellees lack standing to assert that the challenged provisions of the Florida Workers' Compensation Laws are unconstitutional.