The Florida Supreme Court has struck down, as unconstitutional on due process grounds, the mandatory fee schedule in Section 440.34, Florida Statutes (2009), finding that it eliminated the requirement of a reasonable attorneys’ fee to a successful workers’ compensation claimant. 

The court reasoned that, considering that the right of a claimant to obtain a reasonable attorneys’ fee has been a critical feature of the Workers’ Compensation law, the mandatory fee schedule in Section 440.34, which created an irrebuttable presumption that precluded any consideration of whether the fee award was reasonable to compensate the attorney, was unconstitutional under both the Florida and U.S. Constitutions as a violation of due process.

Want to continue reading?
Become a Free
PropertyCasualty360 Digital Reader.


  • All news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including and

Already have an account?

Dig Deeper



Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join now!

  • Unlimited access to - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including, and
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2022 ALM Global, LLC. All Rights Reserved.