House Passes Workers’ Comp Attorney’s Fee Bill by 84-35
Mar 31, 2009
By a vote of 84-35 today, March 31, 2009, the Florida House of Representatives passed HB 903 by State Representative Anitere Flores (R-Miami) relating to Attorney’s Fees in Workers’ Compensation Cases. With an effective date of July 1, 2009, the bill removes statutory language providing for a “reasonable” attorney’s fee and specifies that fee awards cannot exceed the amount authorized by the statutory attorney’s fee schedule. Thus, attorney’s fees in workers’ compensation will be calculated in the manner they had been from the effective date of the 2003 reform up to the 2008 Florida Supreme Court decision in Murray v. Mariner Health.
On March 17, the House General Government Policy Council adopted a strike-all amendment to HB 903, which provided for attorney’s fees under a fee schedule to equal 20 percent of the first $5,000 of benefits secured as provided under current law. The amendment removed language that would have provided for a fee of “less than or equal to” 20 percent of the first $5,000 of benefits secured.
SB 2072 by Senator Garrett Richter, which is identical to HB 903, is scheduled to be heard by the Senate Judiciary Committee on April 1 after being passed by a vote of 6-3 in the Senate Banking and Insurance Committee, which also is chaired by Senator Richter. Assuming SB 2072 is passed on April 1, it would then proceed to the Senate General Government Appropriations Committee before consideration on the Senate floor.
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