Disability Law

Attorney's Fee Bill Passes House; Postponed in Senate

By David A. McCranie, Esq.

CS/HB 903 passed in the Florida House of Representatives on March 31 by a vote of 84-35.   Several days earlier, the House rejected an amendment to the bill which would have (1) repealed §440.105(3)(c) which makes it unlawful for a claimant's attorney to receive a fee which has not been approved by the judge of compensation claims, (2) amended §440.20(11)(c) to permit a claimant's attorney to collect a fee from his client in connection with a settlement which is subject only to the limitations on fees imposed by the Florida Supreme Court, (3) amended §440.34(1) to provide for the award of a carrier-paid claimant's attorney's fee in cases where the benefits requested in a petition for benefits were not provided within 30 days of the carrier's receipt of the petition, (4) increased the permissible percentages for claimant's attorney's fees to 25% of the first $5,000 in benefits obtained, 20% of the next $5,000, and 15% of the remaining benefits secured, and (5) provided that in no event should the carrier-paid claimant's attorney's fee awarded be less than the fees charged by the carrier's lawyer for defending the claim. 

Meanwhile, SB 2072, the Senate counterpart to the House bill, was due to be considered by the Senate Judiciary Committee on April 1 but was temporarily postponed.  No official word yet on when the committee will take up the bill.

Full post as published by Florida Workers’ Compensation Law Blog on April 02, 2009 (boomark / email).