Legislation passed by the Florida Legislature in 2003 capping attorney fees has left countless injured workers with virtually no legal recourse as attorneys see no value in taking on such cases.
On October 1, 2003, the Florida Legislature put limitations on injured workers’ attorneys fees. Since then, injured workers across the state have struggled to find legal representation because attorneys have no reason to take their cases.
Prior to the legislated limitations, workers’ compensation attorneys could ask to be awarded hourly fees assessed against the insurance company. Now, Florida lawyers are limited to percentages. The law currently mandates a 20-15-10 percentage fee. In essence, lawyers are not allowed hourly fees, nor can they enter into contracts with their clients for more than the capped percentage.
To date, five cases have been brought before the First District Court Of Appeal and the Florida Supreme Court challenging the constitutionality of this fee structure. These were all dismissed until October 29, 2007, when the Supreme Court granted jurisdiction to review the case of Emma Murray v Mariner Health Care, in which the 1st DCA once again deemed the 20-15-10 % fee schedule constitutional. Oral arguments for this case are scheduled for April 9, 2008.
Another notable case is that of David Singleton v Seminole County School Board, OJCC #07-010864. Mr. Singleton initially sought the services of Altamonte Springs attorney Monte Shoemaker. Mr. Shoemaker had to decline representation because of the fee limitations. After being denied representation by fifteen other Central Florida attorneys for the same reason, Mr. Singleton finally found an attorney, Steve Meyers, who agreed to represent him if the judge would approve a fee slightly higher, 25% of the first $5,000 in benefits, 20% of the second $5,000 and 15% of benefits over $10,000, which was the legislatively mandated structure of attorneys fees before 1994.
Despite this, the Seminole County School Board and their insurance carrier objected to Mr. Singleton entering into this private fee contract with this attorney solely to maintain their advantage over an unrepresented maintenance worker. To make matters worse, there are no restrictions on how much the Seminole County School Board paid their lawyers. In fact, they often had two lawyers opposing Mr. Singleton.
Even when the Judge of Compensation Claims, Judge Will Condry found that Mr. Singleton had presented compelling evidence showing he’d been denied representation by 15 attorneys because of the fee structure in question, the Judge said he was tied by the October 1, 2003 legislature; he could not let Mr. Singleton and his attorney enter into an alternative agreement.
It has become clear that Florida workers who do find attorneys find their attorneys hamstrung by the highly restrictive fee limitations because their lawyers cannot afford to prosecute their claims. The only other option — to try and settle their case without litigating – has proven to be equally fruitless, with injured workers being offered meager settlements with a stipulation that they resign from their job, giving up their means of livelihood.
This restrictive legislation has consequences for every worker in Florida.
Mr. Singleton has filed an emergency request with the First District Court of Appeal to allow him to enter into the contract with Mr. Meyers. Mr. Meyers and Mr. Shoemaker are requesting the Florida Legislature to review the consequences of the 2003 legislation, and they are closely monitoring the Florida Supreme Court oral arguments on Emma Murray. A press conference on the capitol steps is planned for early March, 2008 when the Florida Legislature reconvenes.
