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Fallout Coming from Florida Supreme Court Workers' Comp Fee Case


The Florida Supreme Court recently ruled that the attorney fee provision in Florida's workers' compensation law was unconstitutional because it was not based on a reasonable fee.


In Castellanos v. Next Door, the court ruled 5-2 on April 28 that the 2009 statutory amendment to the fee provision, which had removed the term "reasonable," from the statute and which required attorney fee awards to be based solely on a sliding scale of the amount of benefits obtained, violated the due process guarantees of the Florida and Federal Constitutions.


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