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Murray v. Mariner Health – Defending Florida Workers' Comp Reforms

Florida Supreme Court

In 2003 the Florida legislature enacted comprehensive workers' compensation reforms. As a result of this legislation, workers' compensation rates have declined throughout the state. The main thrust of these reforms was the ability to rein in obscene attorney fees by establishing guideline attorney fees based upon a percentage of the benefits obtained and eliminating fee awards based upon an hourly rate in workers' compensation cases arising after October 1, 2003. In this case, a claimant's attorney racked up 80 hours in attorneys fees, when the underlying claimant was only seeking $3,224 in benefits. The trial lawyers have challenged the reforms based on the following issues:

  1. equal protection violations
  2. due process violations
  3. separation of powers violations
  4. access to courts violations

 

Status: DECIDED. Amicus brief filed Jan. 29, 2008. On Oct. 23, 2008, the Florida Supreme Court held the reform statute created ambiguity in the law and did not preclude awarding higher fees. The court determined it did not need to reach the constitutional arguments raised.