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The Supreme Court Of Florida Releases Its Decision In EMMA MURRAY vs. MARINER HEALTH And ACE USA.

23 Oct, 2008 WorkersCompensation.com

                               Tallahassee, FL (CompNewsNetwork) - The Florida Supreme Court has released its long awaited decision in the case of Murray vs Mariner. Oral arguments were heard April 9, 2008 in this case involving the constitutionality of the Workers' Compensation Attorney Fee Statute, F.S.440.34(3) In the decision, the constitutional issues were not addressed as the case was decided on the basis of statutory construction. The decision states: "based upon the plain language of the statute, that when a claimant is entitled to recover attorney fees from a carrier or employer as provided by section 440.34(3)(a), (b), (c), or (d), the claimant is entitled to recover "a reasonable attorney's fee."  It also states: "...we have determined that reasonable attorney fees for claimants, when not otherwise defined in the workers' compensation statute, are to be determined using the factors of rule 4-1.5(b) of the Rules Regulating the Florida Bar." 

WorkCompResearch members may read the full text of the opinion here.

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