Call or email us anytime
(805) 484-0333
Search Guide
Today is Saturday, April 20, 2024 -

News Articles

Lawmaker Says Claimants' Attorney Fees Are 'No. 1 Job Killer'

  • State: Florida
  • Topic: SOUTH
  • - Popular with: Legal
  • -  0 shares

State Rep. Jay Trumbull, R-Panama City, told a business group Tuesday that a Supreme Court ruling that removes the cap on claimants’ attorney fees is the top economic threat to Florida.

Rep. Jay Trumbull

Rep. Jay Trumbull

“In my opinion, the No. 1 job killer in the state of Florida is increasing work comp,” Trumbull told the Bay Building Industries Association in a story reported by the Panama City News Herald.

On April 28, 2016, justices on the state’s high court ruled 5-2 in Marvin Castellanos v. Next Door Co. that a strict limitation on attorney fees that gave the claimant no room to challenge them for reasonableness was unconstitutional.

The ruling was the main trigger for a 14.5% rate increase that went into effect Dec. 1. 

The House and Senate nearly passed legislation in May to resolve the issue, but talks became bogged down by a disagreement between the Senate and the House on what the attorney fee cap should be. The Senate wanted to cap the fees at $250 an hour, while the House’s number was $180.

2 Comments

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Mark Zientz Jul 27, 2017 a 4:07 pm PDT

This stance on WC and the reason for high costs is ridiculous. Employers would have no attorney fees in their rate base if their administrators/carriers didn't set out to pay as little as possible or nothing at all, sending injured workers to lawyers to make things right. If the representative had water damage to his gone and the homeowners carrier refused to pay, he'd be the first one in line for legal help, same for an auto acc. but for some reason he thinks that if he was hurt on the job he shouldn't have the right to hire a good lawyer to get him all the benefits the law provides. If you win against a homeowners or auto acc insurer, the insurer must pay your atty an unlimited fee, see St Farm v Palma ($250,000.00 fee for getting $600.00 in pip benefits). When a WC claimant settles his case the worker pays the attorney fee, not so in all other types of insurance claims. Wake up, the problem is not clt atty. fees, the defense charges more! Mark Zientz

Mark Zientz Jul 27, 2017 a 4:07 pm PDT

This stance on WC and the reason for high costs is ridiculous. Employers would have no attorney fees in their rate base if their administrators/carriers didn't set out to pay as little as possible or nothing at all, sending injured workers to lawyers to make things right. If the representative had water damage to his gone and the homeowners carrier refused to pay, he'd be the first one in line for legal help, same for an auto acc. but for some reason he thinks that if he was hurt on the job he shouldn't have the right to hire a good lawyer to get him all the benefits the law provides. If you win against a homeowners or auto acc insurer, the insurer must pay your atty an unlimited fee, see St Farm v Palma ($250,000.00 fee for getting $600.00 in pip benefits). When a WC claimant settles his case the worker pays the attorney fee, not so in all other types of insurance claims. Wake up, the problem is not clt atty. fees, the defense charges more! Mark Zientz

Advertisements

Upcoming Events

  • May 5-8, 2024

    Risk World

    Amplify Your Impact There’s no limit to what you can achieve when you join the global risk managem …

  • May 13-15, 2024

    NCCI's Annual Insights Symposi

    Join us May 13–15, 2024, for NCCI's Annual Insights Symposium (AIS) 2024, the industry’s premier e …

  • May 13-14, 2024

    CSIA Announces the 2024 Annual

    The Board of Managers is excited to announce that the CSIA 2024 Annual Meeting and Educational Con …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333