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Disability Law

: Florida Workers’ Compensation Law Blog

A More Employee-Friendly Attorney's Fee Bill Introduced in Florida Senate

By David A. McCranie, Esq.

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Sen. Dan Gelber (D-Miami Beach) has filed SB 2280 in the Florida Senate in advance of the legislative session which is scheduled to begin next Tuesday, March 3. This bill would:

Repeal §440.105(3)(c) which makes it unlawful for an attorney to receive a fee for services in a workers' compensation case which has not been approved by the judge of compensation claims; Amend §440.34(6) to permit an injured worker to contract with an attorney for representation in his workers' compensation case; Repeal §440.34(7) which permits the award of a one-time fee not to exceed $1,500 to a claimant's attorney who has successfully prosecuted a claim for "medical benefits only"; Amend §440.491(6)(b) to clarify that temporary total disability benefits paid to an injured worker while he is undergoing a program of "training and education" are to be calculated in the same manner as temporary total disability benefits paid under §440.15(2) and that such benefits are to be paid in addition to the 104-week limit on temporary compensation benefits imposed by §440.15(2).

The bill would also leave undisturbed the result reached by the Florida Supreme Court in Murray v. Mariner Health because it does not amend §440.34(3)'s requirement that attorney's fees be "reasonable."

Full post as published by Florida Workers’ Compensation Law Blog on February 27, 2009 (boomark / email).