Florida Restores Cap on Workers Compensation Attorneys’ Fees

The Florida Senate voted 22-16 to restore a cap on attorneys’ fees in workers’ compensation cases. The measure, backed by the state’s insurance regulator and previously passed by the House, 84-35, now goes to Gov. Charlie Crist for his signature.

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 about $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.