Lawmaker Says Claimants' Attorney Fees Are 'No. 1 Job Killer'

Thursday, July 27, 2017 | 2

State Rep. Jay Trumbull, R-Panama City, told a business group Tuesday that a Supreme Court ruling that removes the cap on claimants’ attorney fees is the top economic threat to Florida.

Rep. Jay Trumbull

“In my opinion, the No. 1 job killer in the state of Florida is increasing work comp,” Trumbull told the Bay Building Industries Association in a story reported by the Panama City News Herald.

On April 28, 2016, justices on the state’s high court ruled 5-2 in Marvin Castellanos v. Next Door Co. that a strict limitation on attorney fees that gave the claimant no room to challenge them for reasonableness was unconstitutional.

The ruling was the main trigger for a 14.5% rate increase that went into effect Dec. 1. 

The House and Senate nearly passed legislation in May to resolve the issue, but talks became bogged down by a disagreement between the Senate and the House on what the attorney fee cap should be. The Senate wanted to cap the fees at $250 an hour, while the House’s number was $180.