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Implications of Florida Court Ruling on Workers Compensation Attorney Fee Schedule

On April 28, 2016, the Florida Supreme Court issued its opinion in the case of Marvin Castellanos v. Next Door Company.

The court found that the mandatory fee schedule in Section 440.34 of the Florida workers compensation statute is “unconstitutional as a violation of due process under both the Florida and United States Constitutions” thereby eliminating the caps on claimant attorney fees. This decision has significant cost implications for the Florida workers compensation system which our actuaries examine in this report.

Implications of Florida Court Ruling on Workers Compensation Attorney Fee Schedule


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