The Legislature giveth, the Courts taketh away.
On October 23, the Florida Supreme Court issued its long-awaited opinion in the case of Emma Murray vs. Mariner Health Inc. and ACE USA, which sought to reverse part of the 2003 workers' compensation reform package limiting a claimant attorney's fees.
The Court called the fee language "ambiguous," opining that a "reasonable attorney's fee" should be determined based on factors in the rules regulating the Florida Bar, including time spent. That decision eliminated the statutory caps and allowed the return of hourly fees.
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