CASE THAT FEE CAPS CANNOT BE MANDATORY– The Florida Supreme Court ruled today in Murray v. Mariner, a case that has been closely monitored. fee caps cannot be mandatory if they fail to award a reasonable attorney fee. In this case petitioner Emma Murray, the claimant in a workers’ compensation case, challenges the constitutionality of the statute governing attorney fees in such cases. In Murray v. Mariners Health/ACE USA, 946 So. 2d 38, 39 (Fla. 1st DCA 2006), the First District Court of Appeal expressly held that the statute as significantly amended in 2003 is constitutional. The Florida Supreme Court refused to rule on the constitutionality of the 2003 statute. This ruling allows the judge to award a fee based on hours worked on the case if the cap is not reasonable. The 22 page decision can be found on the Florida Supreme Court web site. It was apparently a 5-0 decision. Opinion written by Wells, with Quince, Anstead, Pariente, and Lewis concurring.
This ruling breathes new life into the representation of people who suffer personal injuries while on th ejob in car accidents, motorcycle accidents, truck accidents. Prior to this ruling an injured worker was leftto fend for him/herself in the maze that is Worker’s Comp. This is a great day for the workers of the State of Florida.
Patrick J. Tighe, P.A.,
Mr. Tighe from West Palm Beach Florida handles cases on behalf of injured clients in matters involving Workers Comp, Medical Malpractice, Nursing Home Neglect & Abuse, Motor Vehicle Accidents, Wrongful Death, Dog Bites, Product Defects & Liability, Premises Liability & Falls, Boating Accidents and other types of personal injury claims.Patrick J. Tighe, P.A.