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Is the idea of workers' comp as the 'sole remedy' on its way out? p2

We are continuing our discussion of workers' compensation. Policymakers are beginning to wonder if the system in general or just pieces of it are perhaps past their prime. But, if just some parts are no longer relevant, can the system survive without them?

The United States has a long history of protecting the health and safety of workers, and the idea of a workers' comp system developed over time. Still, while the movement was national in scope, it was up to each state to adopt the system. Once the idea was accepted, legislatures began to write the rules and regulations that governed the system, sometimes building off successes in other states and sometimes striking out for new territory. As a result, workers' comp in Florida is not exactly like workers' comp in Georgia or Alabama.

As a result, it is possible for someone to challenge a Florida workers' comp law without putting the laws of any other state in question. When, however, the challenge is to the constitutionality of the law itself, other states will certainly pay attention.

And trust us, a lot of states are paying attention to what happens with one particular case. In The State of Florida v. Florida Workers' Advocates et al., the court is asked to consider the constitutionality of the law. But courts are tricky sometimes. They don't always answer the question the parties are asking, and that can mean that everyone involved must either reshape the question or find someone else to answer it.

We'll explain more in our next post.

Source: Business Insurance, "Exclusive remedy litigation heads to Florida Supreme Court," Stephanie Goldberg, July 16, 2016

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