The Florida Supreme Court might revisit a 2009 law reinstating a cap on attorney fees in workers’ compensation cases. It was originally intended to clarify the meaning of “reasonable” compensation by placing a ceiling on fees due to the claimant’s counsel. However, an appeals court is now requesting that the Supreme Court review the law after a workers’ comp lawyer reportedly received $164.54 for 107 hours of work.
The case in question was Marvin Castellanos v. Next Door Co., in which the claimant, Castellanos, was injured during a fight at work in 2009. Although a judge ruled that the 107 hours were “reasonably necessary” to collect benefits for Castellanos, he was still restricted by law from awarding any further compensation to Castellanos’ attorney. The 1st District Court of Appeals upheld the constitutionality of the decision, but requested that the Supreme Court take another look the law and its fee structures.
At this point, it’s unknown whether or not the Florida Supreme Court will take up the case.