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Florida Supreme Court Hears Oral Arguments in Controversial Workers’ Comp Attorney Fee Case
10 Apr, 2008 WorkersCompensation.com
Tallahassee, FL (CompNewsNetwork) - The Florida Supreme Court heard oral
arguments yesterday, April 9, 2008, in the case
The 2003 Amendments to the Florida Workers’ Compensation Act had several major
changes, one of the most controversial being FS § 440.34 which establishes guideline
attorney fees.
Based on that law, the sole statutory basis for determining the amount of an
attorney’s fee except in the case of “medical benefits only” claims,
is the value of the benefits secured on behalf of the claimant. The JCC is
prohibited from approving any agreement which provides for an attorney’s fee in excess of
the guideline fee. Prior to the 10/1/03 amendments, a JCC had the discretion to deviate
from the statutory guideline fee when the fee would be “manifestly
unfair”
In
this case, the claimant, Ms. Murray, a nurse's assistant, was injured while helping
lift a patient and had to undergo a hysterectomy and other surgical procedures. The
case was denied by the carrier after the injured worker’s gynecologist opined
that preexisting conditions predisposed the worker to a prolapse. After a hearing at
which witnesses testified and evidence was presented, the Judge of Compensation Claims
awarded her the requested benefits. Her lawyer then applied for attorney fees, seeking
$16,880. However, the JCC found that a 2003 state law limited the fee that could be paid to
$648. The First District Court of Appeal upheld the
JCC.
In this appeal, Plaintiff argues the 2003 law was either misapplied or, if not, violates constitutional rights to equal protection, due process and access to the courts. Mariner Health and Ace American Insurance Co. argue caps on attorney fees are not unconstitutional and are even found in the Florida Constitution.
Additional Documents:
Emma Murray v Mariner
Health/ACE USA (1st DCA December 1 2006)
Directive from Supreme Court April
17, 2007
Petitioner’s Initial Brief on
Jurisdiction – Bill McCabe, Esq, 5/2007
Respondent’s Brief on Jurisdiction – John R. Darin II, Esq,
5/2007
Supreme Court Docket Case Number SC07-244
Petitioners Initial Brief on Merits, December 2007
A nswer Brief Of Mariner Health/Ace American Insurance Company, January 2008
Briefs of Amicus Curiae In support of Petitioner:
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