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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.
The Florida Supreme Court on Thursday ruled that the state's 104-week cap on temporary total disability benefits is unconstitutional.