A decision issued late last week has largely skated under the radar, but has the potential for another big impact in the world that is Florida workers' compensation. Florida Judge Mark Massey issued a decision on August 25th, in the case Napoles v. Kendall Regional Medical Center, that will maintain the status quo in the state for the time being. However, the case is subject to review, and if overturned could have dramatic implications for payers in the state. This was a Worker's Compensation Judge's (JCC) trial level adjudication and thus can be considered more persuasive than it would be a controlling decision.
Once again, we find attorney fees front and center, as this decision was related to compensation paid to attorneys for handling an appeal. The attorneys representing the claimant, Mark Touby and Richard Sicking, were requesting remuneration of between $650 and $800 an hour for working on the case.