Florida Restores Cap on Workers’ Compensation Attorneys’ Fees

Florida has passed legislation to restore a cap on attorneys’ fees in workers’ compensation cases, a measure backed by the state’s insurance regulator.

The bill (HB 903) effectively overturns a Florida Supreme Court ruling last fall that found the cap on lawyer fees was unreasonable. The court ruling was hailed by trial lawyers and some doctors but criticized by insurance firms and employers who argued it would lead to higher workers compensation costs.

In February, Insurance Commissioner Kevin McCarty, recognizing the effect of the court decision, approved a 6.4 percent increase worth $170 million in workers’ compensation rates effective April 1.

Rep. Anitere Flores, R-Miami, was the House bill’s sponsor; Sen. Garrett Richter, R-Naples, sponsored it in the Senate.