Florida Cap on Workers’ Compensation Lawyers’ Fees Goes to Senate

A bill that would trump a Florida Supreme Court ruling and restore a cap on attorneys’ fees in workers’ compensation cases passed the Florida House after some mild debate.

Following a second round of discourse on the issue in just five days, the Republican-dominated chamber passed the business-backed bill (HB 903) on an 84-35 vote — a wider margin than the 69-45 vote that stopped an amended version last Thursday.

“We need to do everything we can to enable employers to hire more workers and get our citizens and Florida working again,” said Rep. Anitere Flores, R-Miami, the bill’s sponsor.

Tampa Republican Rep. Ed Homan, a physician, opposed the measure and described it as “ill-conceived.” Darryl Rouson, D-St. Petersburg, said lawmakers were doing little more than pushing the issue back to the Supreme Court.

But first, it must win approval in the Senate and from Gov. Charlie Crist before it could take effect, although a 6.4 percent workers’ compensation rate hike takes effect this week on all new and renewal business. The increase was approved earlier this year by Insurance Commissioner Kevin McCarty.

A similar proposal (SB 2072) sponsored by freshman Sen. Garrett Richter, R-Naples, is set for a hearing in the Senate Judiciary Committee, which could reveal whether the bill faces tougher opposition in that chamber.

If passed, the legislation would negate — at least temporarily — a Supreme Court decision last October that said attorneys should be paid reasonably for representing injured workers.

Business groups were quick to applaud the House vote.

“We must restore the balance to the workers’ compensation system that makes coverage available and affordable for all employers and employees,” said Barney Bishop III, president of Associated Industries of Florida.

Trial lawyers, though, said capping attorneys’ fees prevents injured workers from getting the legal representation needed to fight insurance companies that refuse to pay doctor bills and other legitimate claims.

Topics Florida Legislation Workers' Compensation Talent Politics