First DCA Again Rejects Challenge to Attorney's Fee Statute
Here's yet another case where the First District Court of Appeal rejected a challenge to the constitutionality of the 2003 amendment to s.440.34. This amendment limits the amount of fees which can be awarded to a claimant's attorney to a percentage of the "benefits secured" as a result of the attorney's efforts. Pursuant to this amendment, the JCC awarded the claimant's attorney a fee of $100.00 for obtaining $500.00 worth of benefits, even though the parties stipulated that the attorney reasonably expended 10 hours of time in obtaining the benefits. The amendment therefore resulted in an effective rate of $10.00 per hour. You can read the JCC's decision here.
As I wrote about here and here, there are currently two cases still pending before the Florida Supreme Court which are awaiting a decision from the Court on whether it will accept jurisdiction. The Court has so far declined to address the issue in four other cases.
