Florida Supreme Court Decision in Castellanos Workers’ Compensation Case

Home/Articles, Employment Law Newsletter/Florida Supreme Court Decision in Castellanos Workers’ Compensation Case

Florida Supreme Court Rules Section 440.34, Florida Workers’ Compensation Statute is unconstitutional both the Florida and the United States Constitutions. 

Attorney’s Fees

Section 440.34 of Florida’s workers’ compensation statute is the provision that governs the payment of attorney’s fees in connection with workers’ compensation cases to a claimant’s attorney.  The statutory provision contains a formula that created an irrebuttable presumption that could not be challenged by a claimant who claimed that the attorney fees awarded were not reasonable in light of the complexity of the case. Read More…

About the Author: