SUPREME COURT GROUPS THE FEE TEST CASES AND THE RESULT IS: ARMAGEDDON!
Castellanos v. Next Door Company/Amerisure Insurance Co.
‘D-DAY’ HAS BEGUN FOR THE ‘INVASION’ OF PENDING TEST CASES IN FLORIDA WORKERS’ COMP.
We will provide our assessment in detail in the days to come, but the fee that is presumptively correct in all cases has been stricken as unconstitutional.
This of course follows last week’s 1st DCA ruling striking the inability of a claimant to pay fees apart from what the statute permits, to his or her own attorney, provided judicial approval is obtained.
Note the Court declined to disturb the 1st DCA ruling in Stahl v. Hialeah Hospital.
The fee schedule, modified where justified by ‘Lee Engineering” factors, is the new standard.
MKRS has prepared for this day by developing additional attorney resources necessary to cope with the probable spike in litigation likely to result from this outcome, and can provide adjuster CEU credit courses for the benefit of our esteemed claims clientele as well.