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Workers comp attorney fees jump after high court ruling

Workers comp attorney fees jump after high court ruling

A recent Florida Supreme Court decision has caused workers compensation attorney fees to increase 22% in the state, according to the National Council on Compensation Insurance Inc.

The average Florida workers comp claimant attorney fee per award was $4,978 between May and September 2016, compared with $4,095 for May through September 2015, according to an NCCI update sent to Business Insurance on Monday.

The Boca Raton, Florida-based ratings and research agency noted in the update that a case may include multiple attorney fee awards.

NCCI attributed the increase to the Florida Supreme Court's April ruling in Marvin Castellanos v. Next Door Co. et al. The 5-2 decision held that the state's workers comp attorney fee schedule violated due process under state and federal law and hindered an injured worker's ability to obtain legal representation.


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