Are Some Florida Workers’ Comp Judges Bending to the Political Winds on Fees?
Attorney fees in Florida workers’ compensation cases seem to be part of a story that will never end, and a state appeals court has added new life to the story with decisions that give support to both sides of the divide.
In one long-awaited ruling, the 1st District Court of Appeals struck down a compensation judge’s decision that had slashed a claimant’s lawyer’s $805,000 fee by 90%. But other opinions by the same court last week dismissed requests to bar another comp judge from future cases because of his stinging excoriation of plaintiffs’ attorneys who had accepted large fees.
Claimants’ lawyers said the cases highlight an apparent trend among some comp judges to knock down large fees – in keeping with the pro-business, pro-insurance-company political winds blowing through the state.
“I believe judges want to be reappointed and they don’t want to be viewed by a conservative governor as awarding hourly fees that seem high,” said Michael Winer, of Tampa, the claimants’ attorney who represented attorney Michael Rudolph in his appeal on the fee reduction. “But that’s my own suspicion and nothing more.”
Others on the plaintiffs side agreed.
“I think it is a trend,” said Randy Porcher, a longtime claimants’ lawyer with the Morgan & Morgan law firm.
“It’s a form of judicial activism, and there has been a spike in those types of decisions,” said Bradley Smith, a claimants’ lawyers who was slammed by compensation court Judge Erik Grindal in a 70-page opinion in November. (See sidebar article, below.)
The sentiment toward holding the line on legal fees, even when parties involved have agreed on a contingency fee, began two years ago, the plaintiffs’ attorneys said. That was when compensation Judge Thomas Sculco upheld a $1 million fee on a $3.9 million total award. Looked at one way, the fee equated to about $9,000 an hour, and some judges and defense lawyers were outraged.
Six months later, Florida Gov. Ron DeSantis declined to appoint Sculco to another term in office. Claimants’ attorneys said that sent a strong message to the other 29 judges of compensation claims.
“Sculco not getting reappointed was ominous for people trying to do the right thing,” Porcher said.
In the current political environment in Florida, in which DeSantis has attempted to remove other public officials, including a Tampa prosecutor and some local school board members – and the Florida Legislature in 2022 made limits on attorney fees a cornerstone of property insurance reform laws – some comp judges now appear to be toeing the line, the plaintiffs representatives argued.
“Self-preservation is everyone’s greatest motivation in life,” Winer said. “They want to perpetuate existence, keep a roof over their heads and keep their profession. For a judge, there might be political pressure that’s being exerted by the governor. I don’t know.”Florida’s head compensation judge said those conclusions have no basis in fact.
If you’ve suffered an injury of this type which you believe may be a result the negligence of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered. Injuries on properties can include those from:
Call Michael Winer – Injury Attorney- (813) 224-0000.
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