Fisher Law Group successfully defends appeal of Florida’s 2009 workers' comp attorney fee statute

Kelly M. Fisher of Fisher Law Group successfully defended Guarantee Insurance and its insured in a recent appellate challenge before the First District Court of Appeal to Florida’s 2009 workers’ compensation attorney’s fee statute. This case presented the first opportunity for appellate review of this new statute.

In 2009 the Florida Legislature amended Florida’s workers’ compensation attorney's fee statute (F.S. §440.34) to eliminate hourly attorney's fees for dates of accident on or after July 1, 2009. The Legislature mandated that all attorney’s fees be based on the total recovery rather than the hours expended. The Claimant, Jennifer Kauffman, appealed the Judge of Compensation Claims E. Douglas Spangler’s decision applying this new statute which limited the Claimant to a guideline attorney's fee on the amount of benefits secured.

Attorney Fisher represented Guarantee Insurance and its insured at oral argument in January 2011. Recently, the First District Court of Appeal rendered its opinion in this precedent setting case. The First DCA affirmed the JCC’s decision.

Jennifer Kauffman has now appealed the decision to the Florida Supreme Court. The Supreme Court is considering whether to accept jurisdiction.

Related Links:
First DCA written opinion issued March 23, 2011
First DCA wmv video of oral argument
First DCA wma audio of oral argument