04/07/2008
CONTACT: Melissa Sharp, 202-314-2068
Florida Supreme Court Hears Oral Arguments Wednesday, April 9
NFIB legal expert available for comment. To schedule an interview contact Melissa Sharp at 202-314-2068.
WASHINGTON, D.C. -- The Florida Supreme Court will hear oral arguments this week on a critical case that may jeopardize significant reforms made to the state's workers' compensation system in 2003. The National Federation of Independent Business Small Business Legal Center, the nation's leading small business advocate in the courts, is urging the Florida Supreme Court to rule that the comprehensive workers' compensation reforms enacted in 2003 are constitutional.
The main thrust of the 2003 reforms was the ability to rein in obscene attorney fees. The reforms established guideline attorney fees based upon a percentage of the benefits obtained by the claimant in a workers' compensation case and eliminated fee awards based upon an hourly rate.
"The 2003 reforms have been very well received by the small business community. Due to the common sense changes made to the system, workers' compensation rates have declined throughout the state and business owners are protected from attorneys who purposely rake up the number of hours they spend on workers' compensation claims," said Karen Harned, executive director, NFIB Small Business Legal Center. "If the court decides to overrule these reforms, workers' compensation costs will undoubtedly rise and burden businesses, resulting in a blow to Florida's economy."
In the case before the Florida Supreme Court, Murray v. Mariner Health, the claimant's attorney racked up 80 hours in attorneys' fees, when the underlying claimant was only seeking $3,224 in benefits. The trial lawyers want the reforms overruled so that they can be paid by the hour and are arguing that the reforms violate equal protection and due process laws.
"When lawyers are abusing the state's workers' compensation system and gouging business owners, the Legislature should be permitted to reform the system, and the court should uphold these reforms," said Harned.
The NFIB Small Business Legal Center is a 501(c)(3) organization created to protect the rights of America's small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts. The National Federation of Independent Business is the nation's leading small business organization, with offices in Washington, D.C., and all 50 state capitals.
