Disability Law

House Bill Would Repeal Carrier-Paid Claimant's Attorney's Fees

By David A. McCranie, Esq.

In an apparent attempt to undo last October's Florida Supreme Court decision in Murray v. Mariner Health, Representative Priscilla Taylor (D. West Palm Beach) filed HB 311 in the Florida House of Representatives on 1/13/2009.

This bill:

• Leaves intact §440.34(1) with its mandatory percentages for determining the amount of a claimant's attorney's fee.
• Completely repeals §440.34(3)(a), (b), (c), and (d), which provides for the award of carrier-paid claimant's attorney's fees under certain circumstances.
• Leaves intact §440.34(5), which provides for the award of carrier-paid claimant's attorney's fees in case of an appeal.
• Amends §440.34(7) to provide for an alternate (although apparently claimant-paid) attorney's fee not to exceed $1,500 "in those limited cases in which the value of medical benefits secured under subsection (1) would result in an attorney's fee award of less than $1,500."

Representative Taylor's biographical page on the House website lists her occupation as "Owner, insurance agency."

Full post as published by Florida Workers’ Compensation Law Blog on January 15, 2009 (boomark / email).