(Florida Supreme) Court calls $1.53 an hour lawyer fee unconstitutional, 'absurd'
http://www.orlandosentinel.com/news/politics/os-workers-comp-lawyers-fees-20160428-story.html
The Florida Supreme Court struck down a law limiting lawyer fees in workers' compensation cases on Thursday, saying the $1.53 hourly rate a lawyer was paid to help an injured worker was "absurdly low."
The 5-2 decision is expected to help injured workers who have struggled to get lawyers to help them because the fee system created by then-Gov. Jeb Bush in 2003 makes their cases not worth representing. The case involved a man who successfully sued a Miami door manufacturer over an on-the-job injury. His lawyer was paid $164.54 for more than 100 hours of work.
But the ruling is a blow to business groups that have long argued legal fees drive up the costs of workers-compensation insurance. The fee issue will bounce back to the Legislature, where it could spark a fierce debate.
In its ruling, the court said the fee limits are unconstitutional because they resulted in a system where people can't find lawyers to represent them at unreasonably low rates. The law based lawyer fees on a percentage of the amount of money won in a claim, so if an injured worker had a $5,000 claim, lawyers knew that they could receive no more than $1,000.