Senate Passes Workers’ Comp Attorney’s Fee Bill; HB 903 To Be Presented For Governor’s Approval

May 1, 2009

The Florida Senate took up and passed House Bill 903 relating to Attorney’s Fees in Workers’ Compensation Cases this afternoon, May 1, 2009.   The bill, which passed by a vote of 22-16, previously had been amended by the Senate by substituting the language of SB 2072.  However, when the House refused to concur on specific points of the Senate language, those items were removed, which brought the two Chambers to an agreement today.

HB 903 now proceeds to Florida Governor Charlie Crist for approval.

With an effective date of July 1, 2009, HB 903 amends s. 440.34, F.S., to remove all statutory language providing for a “reasonable” attorney’s fee in workers’ compensation cases and specifies that fee awards cannot exceed the amount authorized by a statutory attorney’s fee schedule.  Thus, claimant’s attorney’s fees in workers’ compensation would be calculated in the manner they had been from the effective date of 2003 Florida workers’ compensation reform legislation, up to the 2008 Florida Supreme Court decision in Murray v. Mariner Health.   

 

For additional information on Florida’s legislative process and terminology, click here.

 

Should you have any questions or comments, please contact Colodny Fass.

 

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