Workers’ Comp Case Heard By Florida Supreme Court

The case of Emma Murray v. Mariner Health/Ace USA was argued this morning, Wednesday, April 9, 2008 before the Florida Supreme Court.  The Petitioner’s case challenges the constitutionality and application of limitations on the award of attorneys’ fees in workers’ compensation matters.

Ms. Murray, a nurse’s assistant, was injured while helping to lift a patient and subsequently had to undergo a hysterectomy and other surgical procedures.  Her application for workers’ compensation benefits was denied. 

After a hearing at which witnesses testified and evidence was presented, the Judge of Compensation Claims (“JCC”) awarded her the requested benefits. Her lawyer then applied for attorney fees, seeking $16,880. However, the JCC found that a 2003 state law limited the attorney’s fee that could be paid to $648.

The First District Court of Appeal upheld the JCC.  On appeal to the Supreme Court, Ms. Murray argues the 2003 law was either misapplied or, if not, violates her constitutional rights to equal protection, due process and access to the courts.

Mariner Health and Ace American Insurance Co. argued that caps on attorney fees are not unconstitutional, and are even found in the Florida Constitution.

To view briefs and other documents regarding this case, click here.

We will further report at such time as the Supreme Court renders a decision in this matter.

 

Should you have any questions or comments, please do not hesitate to contact this office.

 

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