Archive by Month: April 2016

Florida Supreme Court Holds Mandatory Attorney’s Fee Schedule In Workers’ Compensation Cases Unconstitutional But Declines To Consider Other Constitutional Challenges To The Workers’ Compensation Statute

Posted in Newsletters - 2016 on April 28, 2016

The Florida Supreme Court has issued a long-awaited opinion in Castellanos v. Next Door Co., Case No. S13-2082 (Fla., April 28, 2016), in which the Court held that the mandatory fee schedule in Florida Statute 440.34 (2009) is unconstitutional.  The Court reasoned that the statute, which “creates an irrebutable presumption” that the fee schedule provides reasonable compensation to a claimant’s attorney, violates both the Federal and Florida Constitutions by violating the claimants’ due process rights, but declined to address other constitutional challenges raised by the claimant, which included the argument that the statute violated the claimants’ equal protection rights. 

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