Can you believe the crazy changes we have seen this year with workers’ compensation attorney’s fees in Florida? This new case is saying we do not have the guidelines with limitations that were imposed 15 years ago to reduce overall costs and industry premium hikes. Where is this going to take us? In Miles v. City of Edgewater Police Dept./Preferred Governmental Claims Solutions and State of Florida, the Court held that a claimant has the right to contract with his or her attorney for a claimant-paid attorney fee. The Court reasoned that a claimant has the right to choose whether or not to waive his or her constitutional right to statutory protections that limit claimant-paid attorney’s fees under §440.34, F.S. In sum, the Judge of Compensation Claims may approve a retainer agreement between a claimant and his or her attorney for a claimant-paid fee. The question that remains unanswered is how a Judge will determine the reasonableness of the fee without the restriction to a guideline fee based upon the value of benefits obtained. Thus far, the Judges of Compensation Claims have provided varying feedback on how they will review the “reasonableness” of the fee above the guideline. There are some Judges that are approving the retainer agreements with no hesitation and others that are requiring the claimant’s attorneys to justify the higher attorney fee being requested. There are industry professionals that are speculating that this will push the overall costs on claims even higher than the return to hourly attorney’s fees alone.
Monday, April 23, 2018New North Carolina Rules On Opioids – Effective 5/1/18
Friday, April 20, 2018Georgia Legal Food Frenzy
Thursday, April 19, 2018We Are Hiring! Seeking Law Firm Billing Specialist
Thursday, April 19, 2018We Are Hiring! Seeking Atlanta Workers’ Compensation Attorney
Tuesday, April 17, 2018CLM & GDLA Publish Adam Whitten, Joshua Joel, Robert Luskin
Wednesday, March 21, 2018Same Firm, New Look – Updates Coming Friday!
Monday, March 12, 2018Elissa B. Haynes, Robert A. Luskin Obtain Summary Judgment
Friday, March 9, 2018Beware of the Weinstein Tax
Tuesday, February 27, 2018We’ve Been Busy!
Wednesday, February 21, 2018Goodman McGuffey Attorneys Recognized as 2018 Super Lawyers