Disability Law

Another Murray Bill Filed; House Speaker Signals His Approval

By David A. McCranie, Esq.

Sen. Garrett S. Richter (R-Naples) has filed SB 2072, another bill which would overturn the result of the Florida Supreme Court's decision in Murray v. Mariner Health.  The bill is similar though not identical to HB 903, a bill which I discussed here.  SB 2072 would:

• Repeal any requirement that either claimant-paid or carrier-paid claimant's attorney's fees be "reasonable;"
• Require that either claimant-paid or carrier-paid claimant's attorney's fees equal a percentage of "benefits secured" by the attorney;
• Leave intact §440.34(7) which permits the award of a one-time fee not to exceed $1,500 for a "medical benefits only" claim.

Sen. Richter is chairman of the Senate Banking and Insurance Committee.  And in this article the News Service of Florida reports that Rep. Larry Cretul (R-Ocala), the Speaker of the House of Representatives, supports both measures.  

Full post as published by Florida Workers’ Compensation Law Blog on February 25, 2009 (boomark / email).